Introduction

Many think of their local child support enforcement agency as the “evil empire” existing to make life difficult for struggling noncustodial parents for the benefit of the other parent. I know from personal experience it can seem that way.  More than four decades ago, as a financially challenged young father with a minor child from a failed marriage and while starting a new broadcasting career, my child support obligation seemed like a terrible curse.

Those were very difficult years. It is one of the reasons I empathize with young fathers who find themselves in similar and far worse circumstances. Loving their child(ren) while hurting from a failed relationship, having the pressure of (often) multiple child support orders and a low-paying job under threat of jail or other sanctions can feel like a situation worse than death.

A substantial portion of parents in the United States likely have some form of child support obligation through court orders, informal agreements, or other means. According to the U.S. Census Bureau, in 2021, 4.1 million parents received child support through cash payments. This number only reflects parents who received cash payments. Many parents receive child support in other forms, such as healthcare coverage, reimbursements for medical expenses, and childcare costs. Therefore, the actual number of parents with active child support orders is likely significantly higher.

What is Child Support?

The primary goal of child support is to ensure the child has the necessary resources for healthy development and that both parents, regardless of their relationship with each other, financially contribute to the well-being of their child.

According to Wikipedia…

In the United States, child support is the ongoing obligation for a periodic payment made directly or indirectly by an “obligor” (or paying parent or payer) to an “obligee” (or receiving party or recipient) for the financial care and support of children of a relationship or a (possibly terminated) marriage. The laws governing this kind of obligation vary dramatically state-by-state and tribe-by-tribe among Native Americans. Each individual state and federally recognized tribe is responsible for developing its own guidelines for determining child support.

Typically, the obligor is a non-custodial parent. Typically, the obligee is a custodial parent, caregiver or guardian, or a government agency and does not have to spend the money on the child. In the U.S., there is no gender requirement for child support; for example, a father may pay a mother, or a mother may pay a father. In addition, where there is joint custody, in which the child has two custodial parents and no non-custodial parents, a custodial parent may be required to pay the other custodial parent.

The History of Enforcement

By the 1910s, nearly every state in the United States had criminal nonsupport statutes. Each state can determine its method of calculating support. Most states have, therefore, adopted their own “Child Support Guidelines Worksheet,” which local courts and state Child Support Enforcement Offices use for determining the “standard calculation” of child support in that state. In any case, courts may choose to deviate from this standard calculation. 

The Role of the Feds

The federal government of the United States became involved in providing welfare assistance to impoverished children in 1935 through the Aid to Families with Dependent Children program. In turn, the federal government realized that many children were entering that program because noncustodial parents often avoided their fair share of the costs of raising their children. It began to develop the foundation of today’s overarching federal framework for child support enforcement.

The federal child support enforcement program is the responsibility of the Office of Child Support Services, an office of the Administration for Children and Families in the Department of Health and Human Services. 

Child Support Enforcement and Parenting Time

For many noncustodial parents, child support is viewed as an unjust system. This is especially true when the non-resident parent (usually the biological father) has a child support order yet is frequently denied parenting time (formerly called visitation) with his child. This creates heartache and frustration for the noncustodial parent. In his anger, he may refuse to pay his child support obligation in protest, figuring, “Why should I be forced to pay for a child I am being denied access to?”

The tension between child support enforcement and parenting time for non-custodial parents stems from the following:

In states like Ohio, child support collection is a function of the Department of Job and Family Services Division of Child Support and is administered at the county level. In Ohio, county-level courts oversee child custody and parenting time matters. These cases typically fall under the jurisdiction of the Domestic Relations Court or the Juvenile Court within each county. Consequently, in some counties, your child support challenge is unrelated to your parenting time circumstances.

Other Things to Know

Child support calculations often consider how much a non-custodial parent spends with the child. More parenting time can sometimes lead to a lower child support obligation.  

Enforcement Mechanisms:

• Income Withholding (wage garnishment): A common method of enforcing child support that can strain the non-custodial parent’s finances, potentially impacting their ability to provide for the child during their parenting time. On the other hand, this collection method takes the burden off the payor to pay the child support agency; payments come directly out of their check and are sent to the agency.
• License suspensions: For non-payment, which can severely limit the non-custodial parent’s ability to exercise their parenting time. Child support agencies are often willing to remove license blocks once they feel the obligor needs their license to work and spend time with their children.

Parental Alienation: Some argue that overly aggressive child support enforcement can create resentment in the non-custodial parent, potentially leading to decreased engagement with the child and even attempts to undermine the custodial parent.

Disputes and Court Involvement: Disagreements over child support and parenting time often lead to court battles, which can be emotionally and financially draining for all parties involved.

Where to Find Help

Here are some suggestions if you face child support or parenting time challenges.

Child Support

Be proactive: Communicate with your child support agency case manager. Keep them apprised of any difficulties you are having making payments. Request an administrative review of your case to determine if you qualify for an adjustment in your order.

Parenting Time

Advocate for Yourself: Contact your county’s Domestic Relations Court or Juvenile Court to inquire about the process for petitioning the court for a hearing about your parenting time. If you cannot afford an attorney, ask for the required documents to file a motion for a hearing yourself. Your local court may have a provision for a reduced filing fee for hardship circumstances. Ask.

Consult with an attorney or family law professional for specific guidance.

Seek out a Fatherhood Practitioner

Your community may have an agency that provides services such as fatherhood classes, employment assistance, counseling, and other services designed especially for fathers. You may be eligible for their services.

More Things to Know

It’s crucial to remember:

• Seek the Child’s Best Interest: The primary focus should always be on the child’s well-being, including financial support and healthy relationships with both parents.
• Collaborative Approaches are Best: Open communication and cooperation between parents, along with the involvement of qualified professionals (therapists, mediators), can help minimize conflict and ensure the best outcomes for the child.

Disclaimer: The information in this article is for general knowledge and guidance only. It does not constitute legal advice.

Thanks to Dr. Michael Newsom, Fatherhood Director Montgomery County, Ohio, for contributing to this blog post.

Inspiration from the Holy Scriptures

Supporting others, especially our children, is a serious responsibility and an awesome privilege.

⁸ But if anyone does not provide for his own, and especially for those of his household, he has denied the faith and is worse than an unbeliever. – 1 Timothy 5:8 NKJV

Someone capable of providing for their family but chooses not to is essentially abandoning their responsibility to care for their loved ones.

Even someone who does not believe in God would still be expected to take care of their family, so failing to do so is considered a particularly grave moral failing.

For more blog posts on important fatherhood topics, click here.

About the Author

Eli Williams is a father, grandfather, and mentor to several men. He and his wife Judy have served in community outreach ministry since the late 1980s and founded Urban Light Ministries in 1995. Eli has been a professional fatherhood practitioner since 2006 and is an ordained Christian minister helping to pastor New Hope Church in Springfield, Ohio. Reverend Williams authored Father Love—The Powerful Resource Every Child Needs in 2016 and led ULM in the creation of Fathering Strong.

Join

We invite you to join Fathering Strong, a new and growing community of fathers. To register, go to www.fatheringstrong.com, download the free app, and turn on the notifications. Explore the many resources, converse with other fathers, and share your story.

Your financial contributions allow us to serve fathers at no cost. Please consider donating. Fathering Strong is powered by Urban Light Ministries, Inc., a not-for-profit organization founded in 1995 in Springfield, Ohio. Our mission is to turn the hearts of fathers to their children and the hearts of children to the Heavenly Father.  Go to www.fatheringstrong.com to donate. To learn more about Urban Light Ministries’ history, work, and mission, explore www.urbanlight.org.