Systematic and comprehensive approach to review

The purpose of review is to determine whether use of a state's child support guideline results in a just and appropriate child support award in each case. (P.L. 100-485, Oct. 13, 1988, Sec. 103, a-b "The Family Support Act"; 45 CFR 302.56)

In order for a reviewer or review committee to carry out this task, it is fundamentally necessary to establish what a "just and appropriate child support award" is. This can only be accomplished by review of the principles and definitions in the statutes used by courts to determine the amount of child support to be awarded in each case. The review process must then proceed as follows.

  1. Review the statute that is applied to determine the amount of child support to be awarded. Does it provide a rational basis for the child support award decision? Note: The rational basis for the amount of child support awarded must be independent of the child support guideline. (See discussion of rational basis below.)

  2. If a basis for each child support award decision exists, is it sufficient for the purpose of making an independent child support award decision? Will use of the basis given in statute lead to a just and appropriate award in each case?

  3. Does the type of child support formulae prescribed in the state (Income shares, percent-of-income, etc.) correspond to the rational basis provided in the statute?


If the review passes 1-3 above, the review can proceed to the detailed level of examining the formulae and numeric information.

If the review passes only 1-2 above, suggestions for a substitute model can be made. If the review fails on either points 1 or 2, the review may not proceed until sufficient basis is established. Reviewers do not have the legal authority to define what the legislature must.

In analyzing existing statutes and guidelines, a comparison is first made between the statute providing the rational basis for a child support award and the three fundamental principles below, representing what had been established in traditional child support laws (prior to federally mandated guideline presumption).



What is "child support"?

The statutes are checked for a primary definition explaining what "child support" is. If such a definition is found, it is compared to the traditional definition.

  1. Child support is for the care and maintenance of children.

    2. The first principle is straightforward definition. What is child support if not support for children?


    If children are entitled to financial support, who is obligated to provide it?

    The statutes are checked for fundamental bias in the treatment of custodial or non-custodial parents. Some traditional state statutes explicitly contained the equal duty principle.

  2. Both parents have an equal duty to support their children..

    3. The equal duty principle does not prescribe equal payment from both parents. It tells us that the court must not approach the child support decision with arbitrary bias. Working out the details of an award depends upon the needs of children and the circumstances of the parents. Some legal scholars believe this rule to be Constitutionally mandated. (The other two rules in this section might also be Constitutionally mandated.)


    What consideration shall be given to the circumstances of parents and children in making an award decision?

  3. All relevant circumstantial information may effect the amount of the award.

    4. The third principle allows child support awards to be consistent with the each parent's ability to pay among other considerations. The importance of identifying this principle is that it allows awards to be tailored to circumstances. This safeguards against arbitrary application of the guidelines that will likely lead to inappropriate decisions.



If any part of the statute conflicts with any of the three principles, redefinition of the basis for the award decision would be suggested. For further information and discussion on the basis for review, see the following at the project web site ("Project Description, Short History, and Citations" page.)

Rational Basis is the Key Focus in Emerging 'Third Generation' Child Support Technology

Recommendations for Modification of Child Support Guidelines and Reform of their Use Corresponding to the Views of the Pennsylvania Supreme Court

The Child Support Guideline Problem

New Equations for Calculating Child Support and Spousal Maintenance With Discussion on Child Support Guidelines

The Alimony Hidden in Child Support
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