Whether you’re single and pregnant or already have a child and are separating from your partner, the idea of applying for child support can seem overwhelming. 

Fortunately, there are plenty of resources at your disposal, and the government aims to ensure a fair result that safeguards your child’s welfare. Here are the basics so you can start the process confidently.

What is child support?

Child support is a recurring payment made by a parent for a minor child over whom he or she doesn’t have full custody. The goal is to protect the welfare of children with an agreement that’s fair to both parents. The agreement can be entered into voluntarily or through a court order. 

Should you file for child support?

You might be tempted to save yourself from the trouble of officially filing for child support if you and the other parent get along great and make a verbal financial agreement, but circumstances can change. Establishing a legal child support order lays down parameters that will protect your child’s welfare for years to come.

What is child support used for?

Child support is intended to be used for expenses related to child care and day care, and it may also include provisions for health insurance and medical care. Payments are made until a child reaches the age of majority, which is usually 18 but can be 19 to 21 or when a child graduates from high school depending on the laws of the state where you live.

College expenses are not normally included in a child support order, although some states allow courts to award “post-secondary child support,” or financial assistance for college tuition beyond high school graduation.

How much is child support?

The amount of child support you’ll pay or receive depends on the laws and guidelines of the state where you live. It takes into consideration: 

  • Each parent’s respective income
  • How many children you have together
  • Other dependents
  • Who has physical custody of the child (the custodial parent)

Most states’ payment guidelines are based on an income-shares model, which combines both parents’ incomes. Other states only look at the noncustodial parent’s income, assuming that the custodial parent is paying for expenses like food, clothing and shelter. Many states have an online calculator (search “online child support calculator” plus your state) that makes it possible to get a ballpark figure.  

If you and your ex have joint physical custody, you earn about the same amount of money and your child lives more or less equally with both of you, there’s a chance that neither of you will pay child support. You’ll each be responsible for expenses when the child is living at your home. But if one of you makes significantly more than the other, that parent will probably have to pay some child support.

How to file for child support

Review your state’s laws

Child support laws are set by the state where each parent lives. Before you begin the process of seeking child support, review your local laws and models at the U.S. Department of Health and Human Services.

Contact your local child support office

Reach out to the child support office in your state, which can help you to open your case and answer any questions you might have. You don’t need to hire a lawyer to file an application, but you may want to if the other parent contests the terms.

Apply for child support

You can apply at your local child support office; many states allow you to apply online. Applications require you to:

  • Verify fatherhood. A child’s father needs to institute a legal relationship with his child by signing a voluntary acknowledgement of paternity. If you aren’t sure who your child's father is, or the father doesn’t acknowledge paternity, you'll need to arrange for genetic testing. Your local child support office can help.
  • Prepare your documents. Ask your local child support office for the requirements. Documents often include birth certificates and Social Security cards along with proof of your income, address, your assets and expenses like day care and health care. A caseworker will identify and verify these amounts before an order is finalized. Child support agencies have access to information from the IRS, employers, banks and credit bureaus, if necessary.
  • Establish a child support order. This sets the amount of money the parent will pay as well as how it will be paid, and it can include provisions for things like a child’s health care coverage and other medical costs. The terms of this agreement can be agreed upon in advance by you and the other parent; otherwise the court will decide for you. 
  • Attend your hearing. A court date will be set for when you’ll need to appear in front of the judge making the decision. The best way to ensure the order is fair is for both parents to appear at that hearing with the necessary documents.

Appealing an order

After the court rules, you’ll have a certain amount of time (often 30 days) to file an appeal on legal grounds because the court made a mistake (e.g. didn’t understand the facts or didn’t properly apply the law). You can’t appeal just because you don’t like a decision.

You can file an appeal yourself. If you prefer to hire a lawyer, ask for referrals from family, friends, neighbors and coworkers who have gone through the process. If you don’t have the money for a lawyer, you may qualify for a free court-appointed (pro bono) attorney. The American Bar Association offers a list of state-by-state contacts, or ask your local child support office.

How does child support work?

Most child support orders work similarly to income tax, where a set amount of money is withheld from each paycheck. It’s handled by the state’s payment processing center (often called a State Disbursement Unit, or SDU), which makes direct deposit payments into a banking account or applies funds to a prepaid card. 

If you have a change in income or living situation, you can file to change a child support order at any time. Otherwise you can request to have your case reviewed every three years. It will be automatically reevaluated every three years if you’re on public assistance.

The government takes child support payments seriously. Willfully failing to make payments is a criminal federal misdemeanor that may result in fines and up to two years in prison.

If a parent frequently skips or stops making payments, state child support offices are authorized to enforce orders using several techniques — including placing liens on property, intercepting tax refunds, suspending driver’s licenses and freezing bank accounts — without directly involving the courts. 

It’s natural to worry that the child support process is going to be stressful and confusing. But try to stay positive. Much of the time, child support is granted uneventfully, and payments go smoothly.