The law in the U.S. requires fathers to support their children even if they weren't married to the mother.If you want to get child support, you have to establish a relationship with a man.You need to file a petition for child support in the county where the child lives after paternity is established.You can either get your state's child support agency to complete the process or you can file a petition on your own.
Step 1: Voluntary acknowledgement is what you should seek.
If you are not married to the father of your child, you have to establish it.If you are still on good terms with him, you can have him sign a voluntary acknowledgement of paternity.The man listed on the birth certificate is considered the child's father unless he petitions the court with a denial.If no one is listed on your child's birth certificate as the father, you have to establish it.You can get the free acknowledgement of the form from the local office of your state's child support agency.You can find a copy of the form online.Make sure the form you're using is accepted in your county.You should contact your state's child services agency if you don't know who the father of your child is.They will help you get the necessary tests.
Step 2: An agreed paternity order can be requested.
Depending on the laws in your state, you may have to file a petition for an agreed paternity order with the court even if the father of your child has signed a voluntary acknowledgementIf there is no father listed on your child's birth certificate, you have to get the court to approve the validity of the voluntary acknowledgement.The forms to request an agreed paternity order can be found at your state's child support agency.The process is simpler if it is an agreed order.The entire court process only takes a few minutes, and you don't have to serve him with the papers.You may be charged court fees.You can apply for a fee waiver if you can't afford it or you're receiving public assistance.
Step 3: You can file a petition to establish a relationship.
You have to file a petition with the family court if the father of your child doesn't sign a voluntary acknowledgement.You can fill out forms in the clerk's office of the court where your child lives.You can use your state's child support agency to establish a relationship.Since the child support agency will usually file the documents and appear in court on your behalf, this may be an easier and more cost-effective option.If you're receiving public assistance, you must work through your state's child support agency.If you don't work through the child support agency, you will be charged court fees.If you don't believe you can afford the fees, ask the clerk for a fee waiver.
Step 4: Get a test to find out if you are a father.
You and your child need to be tested with the alleged father.The results of the test will determine if the man is the father of your child.The kits you buy in a drug store can't be used as evidence in court.You need to get the tests done at a lab approved by your court system.If you work for a state's child support agency, you won't have to pay for the costs of DNA testing to establish a father.
Step 5: Receive the order from the court.
You must attend a brief court hearing in which the judge will review the evidence and issue an order declaring the father of the child, regardless of whether you took a DNA test or asked for an agreed order.99 percent of the tests are accurate.A judge will issue a paternity order if the man tested is the father of the child.If the tests show that the man is not the father of the child, you have to go back to court.To get an order for child support, you must use the court's paternity order.
Step 6: Work with your state's child support agency.
If you receive public assistance, your state's child support agency will try to establish a relationship with the father of your child.If you are receiving public assistance such as Temporary Assistance for Needy Families (TANF), the child support agency will start the proceedings to collect support from the father.If you aren't receiving public assistance, you may want to consider using the state child support agency to collect support from your child's father.If you aren't on public assistance, you may be charged a small fee for using the state agency, but it will be less than what you would pay in court fees.If the father of your child is abusive and you fear for your safety, working through your state's child support agency may be beneficial.
Step 7: The appropriate forms can be found.
You can petition the court for child support once you have established a relationship.You can get a copy of the forms at the court clerk's office, or you can download them from the website and fill them out at home.Make sure the forms you download are the correct ones for the county you plan to file the petition in.Each county may have slightly different forms or processes for child support.Carefully read the forms.If you don't know how to answer the questions, you can ask the clerk.The court clerk can't give you legal advice.A family law facilitator can answer questions about family court documents, such as child support petitions.
Step 8: You have to complete your forms.
A form that asks for details about your income and expenses is one of the forms you must fill out to get child support.If you don't have an agreement with your child's father, this information will be used to determine how much child support he must pay.The petition includes information about yourself and your child, as well as asking the court to order the father to pay child support.Attach a copy of the court order establishing paternity to your petition.Information about your household's finances, including the number of people who live with you, their monthly income, and your average monthly expenses are included in the second form.In some cases, you may have to attach proof of expenses and income.If the court requires you to file proof with your form, it will say so on the form.You may be required to sign the income and expenses form in the presence of a public official.At the courthouse, you can find a notary.Most banks give their customers notary services.
Step 9: You should file your forms.
If you want to get a court order for child support, you have to file it in the county court where the child lives.Some states require the form to be filed with a specific family court in order to file it in the county civil court.You will need at least two copies of your signed documents.You might want to make these copies before you go to the clerk's office.The clerk will make copies for you for a fee.The clerk will return your copies to you when they are "filed" with the date.One copy is for your own records, and the other must be delivered to your child's father.The filing fee for a child support petition is usually around $100.If you can't afford the filing fees, ask the clerk for a fee waiver.If your income and assets fall below the court's threshold, you won't have to pay court costs.If you were granted a fee waiver for a paternity action, you must complete another application to cover child support.
Step 10: Have the father taken care of.
To prove to the court that the father had adequate notice of the petition and time to respond, you must send the forms to him using a court-approved method.The forms can be hand-delivered to your child's father by anyone over the age of 18 who isn't associated with your case.It's possible to get a friend or neighbor to do it for you.Most people get the sheriff's department to deliver the papers.They will charge a small fee for their services.If you want someone to serve the papers, you need to get them to fill out a proof of service form.A sheriff's deputy or private process serving company will usually have copies of this form and will file it for you.Make sure to check and make sure you don't make a mistake.If the child's father wants to contest your petition, he has a limited period of time to do so.He could respond and agree to it.
Step 11: Consider talking to an attorney.
If you anticipate that your child's father will challenge your request for child support or try to fight you on custody, you may want an attorney to represent you in the initial hearing.The directory of your state or local bar association's website can be used to find a family law attorney.Only attorneys who are licensed to practice law in your state will be listed.If you're worried about the cost of legal services, it's a good idea to talk to someone in the office.You may be able to get free representation if you meet their income requirements.If you are representing yourself, some courts have family court facilitators who can answer questions about the court processes.They cannot represent you in court, but they can give limited advice.
Step 12: You need to gather your documents.
You will need to bring your copies of everything you filed with the court, as well as proof of paternity, income and financial documents, and anything else that is relevant to the calculation and order of child support.Make sure you understand your case when you read your court documents.The judge can't rule on anything other than the issues in your court documents.If your court documents only relate to child support, the judge won't decide any issues related to the custody of your child, or the father'svisitation.The issues will have to be addressed in another hearing if they are raised.You can find what you need quickly if you organize your documents in a way that supports the information you put on your forms.All documents related to the court case, including any documents you have filed or the father's documents that have been served on you, should be brought with you.You should read and understand your state's child support guidelines.The judge will determine how much child support your child's father must pay.If you have time before your hearing, you may want to go to the court where your case will be heard and sit in on some other cases to get an idea of how the judge handles their courtroom.
Step 13: You have to appear for your hearing.
You don't have to wear a suit, but you should dress nicely for your hearing.If you were interviewing for a job, what would you wear?Arrive at the courthouse at least 30 minutes before the time your hearing is scheduled so you have time to go through security and find the correct courtroom.You can take a seat in the gallery when you get to the courtroom.If you want to go to the front of the courtroom, you need to wait until your name is called by the judge.Before the judge listens to your case, you may have an opportunity to exchange documents with the father.
Step 14: Your case should be presented to the judge.
Since you filed the petition, you will have a chance to explain to the judge what you want the court to do.Speak in a clear, distinct voice that is loud enough for the judge to hear.The judge will talk to both you and the child's father to find out about their finances, child support, and how much time they spend together.During the course of the proceeding, the judge can decide if there is a need for another hearing, but it's usually not.Don't speak to the father of your child's child.If the judge asks a question, stop speaking and answer it.When the judge is satisfied with your answer, you can pick up where you left off.
Step 15: Receive your order.
If your child's father shows up, the judge will make a decision on whether to set up child support or arrange another hearing.If the judge decides to set up child support, you must fill out forms to register and enforce the order.You or your child's father will have to prepare the findings and get the judge to sign them.The judge will usually have the attorney do it if you have an attorney.When you file a petition, some states require you to prepare an order.If the judge approves everything, he or she will sign the document.A counselor from the child support agency in your state can help you fill out the forms you need to enforce the court's order.You must work with the court to enforce your child support order if you got it through the courts on your own.You can get information from the court clerk on how to do this.