Legal Definitions - decretal child support

Decretal child support refers to financial payments for the care and upbringing of children that have been formally mandated by a court order or judgment. This means the obligation to pay, the specific amount, and the payment schedule are legally binding because a judge has issued a decree establishing these terms. It is not merely an informal agreement between parents but a legally enforceable court directive.

• Example 1: Divorce Decree

  After a lengthy divorce process, a court issues a final judgment dissolving the marriage of Lisa and Ben. As part of this judgment, the judge reviews their financial situations and the needs of their two children. The court then issues a specific order requiring Ben to pay Lisa $1,500 per month in child support. This $1,500 per month constitutes decretal child support because it is a direct, legally binding mandate from the court included within the official divorce decree.

• Example 2: Formalizing an Informal Agreement

  Maria and Carlos separated two years ago and had an informal agreement that Carlos would pay Maria $700 a month for their child's expenses. Recently, Carlos's payments became inconsistent, and he sometimes missed payments entirely. Maria decides to seek legal enforcement. She files a petition with the court, and after a hearing, the judge issues an official order requiring Carlos to pay $700 per month, specifying the payment dates and methods. This court order transforms their previous informal understanding into decretal child support, providing Maria with a legally enforceable mechanism if Carlos fails to comply.

• Example 3: Paternity Action

  Sarah gives birth to a child, and the presumed father, David, initially disputes paternity. Sarah files a paternity suit to legally establish David as the father. After DNA tests confirm David's paternity, the court issues a judgment declaring him the legal father. Simultaneously, the court orders David to pay Sarah $850 per month for the child's support. This court-ordered payment is considered decretal child support because it is a direct legal mandate from the judge within the paternity judgment, creating a legally binding financial obligation.