Overview: Child Support in 2026
Child support is a legal obligation of both parents to financially support their children. It is a right belonging to the child — not the parent — and cannot be waived by either parent's agreement. Child support is governed by state law (with federal oversight through Title IV-D of the Social Security Act) and enforced by each state's Child Support Enforcement (CSE) agency.
Sources: DHHS Office of Child Support Services (OCSS) FY2024 Preliminary Data; US Census Bureau
How Child Support Is Calculated
Income Shares Model (used by ~40 states)
Both parents' gross incomes are combined to determine a total support obligation based on a state support table. Each parent then pays their proportional share:
- Example: Parent A earns $60,000/year (60%); Parent B earns $40,000/year (40%); total combined income $100,000/year
- Support table says $1,500/month for 1 child at $100,000 combined income
- Parent A's share: 60% × $1,500 = $900/month; Parent B's share: $600/month
- The non-custodial parent pays their share to the custodial parent
- States using income shares: California, New York, Florida, Illinois, Pennsylvania, and most others
Percentage of Income Model (some states)
The non-custodial parent pays a fixed percentage of their net income:
- Texas: 17% for 1 child, 25% for 2, 29% for 3, 31% for 4, 34% for 5+
- Wisconsin: 17% for 1 child, 25% for 2, 29% for 3, 31% for 4, 34% for 5+
- This model is simpler but does not consider the custodial parent's income
Common additional expenses included in support
- Health insurance premiums for the child
- Uncovered medical and dental expenses — typically split proportionally
- Childcare costs (work-related daycare)
- Educational expenses in some states
- Extraordinary expenses for special needs, travel between households, etc.
How Long Does Child Support Last?
- General rule: Until the child turns 18 (most states)
- High school exception: Many states extend to 19 if the child is still enrolled in high school
- College support: About 18 states require or allow courts to order support through college — including New York, Massachusetts, Illinois, New Jersey, and others
- Disabled children: Support may continue indefinitely for a child with a physical or mental disability who cannot be self-supporting
- Early termination: Support ends upon the child's marriage, military enlistment, or legal emancipation
Child Support Enforcement
The federal government and states have extensive enforcement tools for unpaid child support (arrears):
Income withholding (wage garnishment)
- Mandatory for all new child support orders — employer withholds support directly from paycheck
- Federal law allows garnishment of up to 50% of disposable income (60% if not supporting another family)
- If more than 12 weeks in arrears: 55% and 65% respectively
Federal enforcement tools
- Tax refund intercept: Federal and state tax refunds intercepted and applied to arrears
- Passport denial: Arrears over $2,500 trigger a passport application denial or revocation
- Credit reporting: Arrears reported to credit bureaus, damaging credit scores
- Financial institution levy: Bank accounts seized for unpaid support
- Property liens: Liens placed on real property — cannot sell without satisfying arrears
State enforcement tools
- Driver's license suspension
- Professional and occupational license suspension (medical, law, contracting, etc.)
- Recreational license suspension (hunting/fishing)
- Lottery winnings intercept
- Contempt of court — can result in jail time for willful non-payment
Imputed income: If a parent voluntarily reduces their income (quits a job, takes a lower-paying position) to reduce their child support obligation, courts can "impute" income — calculating support based on what the parent could be earning rather than what they actually earn. This prevents deliberate underemployment as a support-avoidance strategy.
Modifying a Child Support Order
- Required showing: Substantial change in circumstances — typically 15–20% change in either parent's income, a change in custody arrangements, or a change in the child's needs
- Court order required: You cannot simply agree with the other parent to pay less — you must get a court order; informal agreements are not enforceable and the original order continues to accrue
- Automatic review: Federal law requires states to review child support orders at least every 3 years if either parent requests it (for families receiving public assistance, review is automatic)
- Retroactivity: Modifications are generally effective from the date of the filing — courts rarely award retroactive modifications
How to Get Help with Child Support
- State IV-D agency: Every state has a child support enforcement agency that provides free or low-cost services — paternity establishment, order creation, enforcement, and modification
- Federal CSE directory: childsupport.acf.hhs.gov — find your state's agency
- Family court self-help centers: Available in most counties for unrepresented parents filing modifications
- Legal aid: If income-eligible, legal aid organizations provide free representation for child support matters
Legal information, not legal advice. This guide provides general information about the law as it typically applies. It does not constitute legal advice, create an attorney-client relationship, or substitute for consultation with a licensed attorney. Laws vary by state and change frequently. May contain AI-generated content. We make no warranty as to the accuracy, completeness, or currency of this information. Do not rely solely on this guide for decisions about your legal situation — consult a licensed attorney in your jurisdiction.