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-cost 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 as CP, is the primary caregiver for the minor children. The child(ren) is/are typically in the care of the custodial parent for a greater amount of time than the other parent. The custodial parent can be the biological mother, the 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.
Noncustodial Parent or NCP: The noncustodial parent, abbreviated as NCP, is the parent who does not have full residential custody. Being an NCP does not diminish the ability, importance, or “need” of the parent; 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 with whom the minor resides. There are two types of residential custody agreements, sole or full residential custody and joint residential custody. In sole/whole residential custody, one parent has “whole” residential custody of the child or children. The parent is the primary caregiver and the NCP generally has a set visitation schedule, either overnight, on 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 responsibility for making legal decisions for the minor children. These decisions may include academic and health-related decisions. There is joint legal custody and sole or total 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. Proper reasons for granting full legal custody may be incarceration, abuse, or mental incapacity. It is important to note that parents may share joint legal custody with one parent who has full residential custody.
Bird’s Nest Custody: Bird’s Nest Custody is the least common of all and refers to a living situation where the children live in a central residence and the parents come and go on a rotating schedule. We’ve seen a recent example of this in the media, with a popular reality TV 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. Cuddling bird nests, while rare, can be ideal in situations like this or when the child has a physical disability that makes transporting the child difficult, if not impossible.
I should also note that shared residential custody does not necessarily absolve one parent from providing financial support to the other parent.
Visitation/Parenting Time – For many decades, the time given 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 court-ordered time allotted 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; meaning that even if a non-custodial parent has not paid child support, he is still legally entitled to his 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.
Obligor: The person responsible for paying the financial obligation of child support to the obligor.
Wage Garnishment or Wage Assignment – Wage garnishment or wage assignment refers to what happens when there is a legal court order for an employer to deduct child support from an obligor’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 fails to 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 salary assignment through the courts. After the wage assignment motion has been granted, the obligation will continue for the life of the child support order. No matter where they work or go, as long as they work legally, their wages will be garnished.
These are just a few of the more commonly used terms in family court and the child support system.