Understanding Commonly Used Child Support System Terms

If you are the custodial parent or primary caregiver of a minor child, financial child support is that child’s right. The system can be intimidating, but don’t let it stop you from taking legal action to ensure financial security and responsibility for the child in your care.

You don’t need a high-priced attorney to get the child support you need, and most states have made the financial aid application process very simple. Let’s go over some of the terms you’re likely to come across as you begin your journey.

Custodial Parent or CP: The custodial parent, abbreviated CP, is the primary caregiver for minor children. The child(ren) is(are) typically in the care of the custodial parent for a longer amount of time than the other parent. The custodial parent can be the birth mother, father, or in some cases a grandparent or other relative if they have been awarded legal custody of the child. The CP often has full residential custody of the children.

Non-Custodial Parent or NCP: The non-custodial parent, abbreviated NCP, is the parent who does not have full residential custody. Being an NCP does not diminish the parent’s ability, importance, or “need”; it is simply a term to differentiate which parent is the primary caregiver. The PNC can be the mother or the father.

Residential Custody: The term “residential custody” refers to who the child resides with. There are two types of residential custody arrangements, sole or full residential custody and joint residential custody. In sole/full residential custody, one parent has “full” residential custody of the child or children. The parent is the primary caregiver and the NCP generally has a set visitation schedule, either overnight, weekends, or an alternate arrangement. In joint residential custody, the parents share residential custody. This can be done successfully when the parents live reasonably close to each other or within the same school district.

Legal Custody: Legal custody refers to which parent has the responsibility to make legal decisions for minor children. These decisions may include academic and health-related decisions. There is joint legal custody and sole or full legal custody. Generally speaking, most courts will establish joint legal custody unless there is a reason to give one parent full legal custody over the other. Appropriate reasons for awarding full legal custody may be imprisonment, abuse, or mental incapacity. It is important to note that parents can share joint legal custody with one parent who has full residential custody.

Bird’s Nest Custody: Bird’s nest custodial is the least common of all and refers to a living situation where children live in a central residence and parents rotate in and out on a schedule. We’ve seen a recent example of this in the media, with a popular reality show couple, parents of 8 children. Their children reside in the family home, while the parents maintain individual apartments elsewhere. Each parent spends every two weeks in the central residence because, logistically and emotionally, uprooting 8 children can be an arduous task. Bird nest keeping, while rare, can be ideal in situations like this or when the child has a physical handicap that makes transporting the child difficult, if not impossible.

I should also point out that joint residential custody does not necessarily absolve one parent from providing financial support to the other parent.

Visitation/Parenting Time: For many decades, the time granted to the non-custodial parent was referred to as “visitation”, however, many family court systems have begun to use the term “parenting time” instead. Parenting time is the court-ordered time assigned to the non-custodial parent. Most are familiar with a schedule every other weekend, which is common, but not a set pattern. Court-ordered financial support and court-ordered parenting time are not intrinsically linked; which means that even if a non-custodial parent has not paid child support, he is still legally entitled to your parenting time. Child support is not a “payment” required to spend time with children.

Obligee: The person to whom the financial obligation of child support is paid.

Debtor: The person responsible for paying the financial obligation of child support to the obligor.

Wage Garnishment or Wage Assignment: Wage garnishment or assignment refers to what happens when there is a legal court order for an employer to deduct child support from the obligee’s wages. Wage garnishment does not happen automatically. After a child support order is established, the court system will generally allow the paying parent the opportunity to voluntarily pay on time according to the payment schedule. However, when the obligor does not pay or shows a consistent history of non-payment or underpayment, the obligor has the right to request that the other parent’s wages be garnished. He must apply for wage assignment through the courts. After the motion for wage assignment has been granted, the obligation will continue for the life of the child support order. No matter where they work or where they go, as long as they work legally, their wages will be garnished.

These are just some of the most commonly used terms in family court and the child support system.