Legal Definitions - Family Support Act of 1988

The Family Support Act of 1988 is a United States federal law that mandated states to establish and implement standardized guidelines for determining child support payments. Before this Act, child support calculations varied significantly from one case to another and across different jurisdictions. The Act aimed to promote greater consistency, fairness, and predictability in child support orders, ensuring that children received adequate financial support from both parents.

Here are some examples illustrating the impact of the Family Support Act of 1988:

• Example 1: Interstate Child Support Case

  Imagine Sarah lives in Florida, and her ex-husband, David, lives in Georgia. They are divorcing and need to establish child support for their two children. Because of the Family Support Act of 1988, both Florida and Georgia (like all other states) have specific, publicly available child support guidelines. While the exact numerical outcome might differ slightly based on each state's unique formula, the existence of these structured guidelines in both states, mandated by the federal Act, ensures that a judge in either state will use a consistent, predictable method to calculate support, rather than making an arbitrary decision based solely on individual discretion.

• Example 2: Establishing Initial Child Support

  Consider Maria, a single mother in Colorado, who decides to seek child support from her child's father for the first time. When Maria files her petition with the court, the judge will not simply guess at an appropriate amount. Thanks to the Family Support Act of 1988, Colorado has established clear child support guidelines that take into account factors like parental income, the number of children, and custody arrangements. The judge will apply these specific, predefined guidelines to Maria's situation to determine a fair and consistent child support amount, providing a transparent process for both parents.

• Example 3: State Legislative Review of Family Law

  Suppose the legislature in California is reviewing and considering amendments to its family code, specifically regarding how child support is calculated. Any changes California makes to its child support calculation methods must still adhere to the fundamental requirement set forth by the Family Support Act of 1988: that the state must have and must implement child support guidelines. The Act doesn't dictate the exact formula but mandates the existence and use of a structured, consistent approach. Therefore, California lawmakers must ensure their updated laws maintain a clear, consistent guideline system for child support, rather than allowing for ad hoc determinations.