A parent can file for child support with the state.Certain events will cause the state to file for and collect child support on your behalf, but some people prefer to do it their own way.Child support can be adjusted according to individual circumstances in most states.
Step 1: Understand child support payments.
Child support is designed to allow a child to enjoy a standard of living similar to what he or she would have enjoyed had the parents lived together.Child support can be ordered when the parents are separated, have never lived together, are in a divorce, or in the midst of a legal separation case.It is usually paid to the parent with whom the children spend most of their time.Child support is not alimony.The purpose of alimony is to support a former spouse.The purpose of the child support payments is to benefit the children who no longer live with you.Child support payments can be set by a court or agreed to by the parents.Child support payments can only be changed by the court.
Step 2: You could ask the state to file for you.
In most states, the Department of Human Services will file for child support on your behalf.The state may have contracted with a private agency to handle child support issues, or there is an Office of Child Support Services in that department.The state will usually file for child support on your behalf if you apply for public assistance to help support the child.A small fee is charged by some agencies for the use of their child support services.If you collect at least $500 in support payments in a year, you will be charged $25 by the Child Support Division.
Step 3: Meet an attorney.
An experienced family law attorney can help you make the best case for child support.An experienced family law attorney may know the likelihood of a judge deviating from the state formula when calculating support payments.If you want to find a qualified family law attorney, contact your state's bar association.Many attorneys now offer "unbundled" legal services if costs are a concern.An attorney will perform a number of tasks, such as filing a document or coaching you in preparation for your hearing.
Step 4: Estimate your child support payments.
Child support is determined by formula in most states.The number of children the non-custodial parent needs to pay support for is considered by the formula.In Texas, a parent will pay 20% of their income for one child and an additional 5% for each additional child, up to 40% for five or more children.Depending on the circumstances, many states allow judges to leave the formula.Courts will look at a variety of circumstances, including: each parent's income, whether either parent is responsible for children from other relationships, who is paying childcare and health care, as well as whether or not the parent lives with a new parent who contributes to household expenses.You can use a child support calculator to get a rough estimate of how much support you may be entitled to.To get a state-specific calculation, click on your state.
Step 5: Establish a family.
If you want to get child support from a man you think is the father, you'll need to prove it.There are many ways to establish a relationship.Paternity can be presumed, voluntarily assumed, or declared by a court.Contact the Attorney General's Office in your state if you need to establish a relationship.If necessary, these offices will pay for the cost of a DNA test.When a child is conceived or born, a man is presumed to be the father when he is married to the child's mother.If the man is married to the mother and agrees to support the child, he will be presumed to be the father.A man will be presumed to be the father when he welcomes a child into his home and holds the child out as his own.An acknowledgment form can be signed by a man to establish a relationship.If there is a presumed father, he must sign a Denial of Paternity form.A court can determine Paternity.A suit will be initiated to establish parentage.You have to serve the petition on the man you think is the father.If the man denies parentage, he can ask for a DNA test.
Step 6: Come to an agreement with the other parent.
Parents can try to work out child support payments with each other.You need to submit your proposed child support payment schedule to the court for approval if you can come to an agreement.This may not be an option if one of the parents has been a victim of domestic violence.Other parents can save time and money if they try to reach an agreement.The amount of child support can be decided by your state's formula.The judge will compare your proposed child support plan to the state's formula in order to get a sense of how fair it is.
Step 7: Consider the use of mediation.
A neutral talks to you and the other parent about the case during mediation.You work toward a resolution that is agreeable to all parties when you discuss your disagreements around child support.It is possible that mediation may be court-ordered.If court-ordered, you may have to split the cost of mediation.The average cost of a mediation is between $100 and 200 an hour.You should request a fee reduction if you are poor.The mediation can't force anyone to accept a solution.You don't gain anything if you stretch facts to get the mediation to agree with you.
Step 8: An agreement can be drafted.
If you and the other parent can come to an agreement on child support, you should draft it.It's important to include the amount the non-custodial parent will pay, how the payment will be made, health insurance, and who will cover special expenses such as school tuition.You should have an attorney look at the agreement before you sign it.The attorney might be able to spot something you missed.
Step 9: Find the appropriate court.
In the county where the child lives, you will file for child support.If the parent has moved to a different state, you should try to get your state Child Support Agency to seek child support on your behalf.In order to enforce a child support order, you need to work with the court system in the state where the parent lives.This can take a lot of time.Cross-border child support enforcement can be handled by your state's agency.
Step 10: Get the forms you need.
You can start an action for child support by filing a petition."fill in the blank" forms should be pre-printed in your state.Depending on the state and court, the form will be different.In Massachusetts, the form is called a "Complaint for Support." In Texas, it's called "Petition in Suit Affecting the Parent- Child Relationship."You may need to fill out more forms.You will need a list of assets, income, expenses, and so on.There are different names for this worksheet.If you are requesting child support as part of a divorce, then you should have the form in your divorce packet already.Ask the clerk if there is a particular form for joint stipulations if you and the other parent have come to an agreement.
Step 11: You have to complete the forms.
The motion/petition form will ask for personal identification information such as your name, address, phone number, and date of birth, as well as information about the children.You have to name the other parent and give their address.Information on assets and finances will be required in the financial affidavit.You may be asked for gross weekly income, health insurance, and child care costs.
Step 12: The forms need you to sign them.
You will need to sign the forms after you have completed them.If it must be notarized, check the bottom of the form.Wait to sign in front of the Notary.At the courthouse, notaries may be found.You need to bring your personal identification when you see the notary.A valid driver's license or passport is required.
Step 13: You have to file the forms.
You should make several copies for yourself and one copy for the other parent after you have assembled your forms.The forms should be taken to the court clerk.The citation or summons will need to be printed by the clerk.Attach it to your petition.You will have to pay the fee.Depending on the court, fees can vary.You have to pay $5 for the summons in Massachusetts, but there is no fee for filing.It costs $35 in Philadelphia, Pennsylvania.The court clerk can give you information on how much the fee is and how to pay it.If you can't afford the fee, fill out a fee waiver form.
Step 14: There is a hearing date.
When you file, you may be able to get a hearing date.The court may mail you a hearing date later.When you file, ask the clerk if you need to send notice to the other parent.You may have to fill out a form if you do.The notice can be served on the other parent at the same time as the summons and a copy of the petition, if you do this when you file.
Step 15: Notices should be served on the other parent.
You need to send a copy of your petition to the other parent.You have to arrange service.Service can be done by mail or by personal service.Do you know what methods are acceptable in that court?Notices can be served through the sheriff or a process server.The clerk should be able to arrange service for the sheriff.You will need to attach an Affidavit of Service form, which will be signed by whoever serves the documents and returned to you.You file it with the court after it's returned.You can check online or in the Yellow Pages to find a process server.If the person is not a party to the suit, the court will allow someone over the age of 18 to serve the papers.Courts don't allow you to serve papers yourself.You will need to publish notice if the other parent can't be found.This is a complex process.If you can't locate the other parent, you should seek the help of your state's Child Support Enforcement office.
Step 16: Wait for an answer.
In most states, the other parent has between 21 or 30 days from the date the motion was served to file a written answer.If you don't receive a copy of the answer, you should call the clerk and ask if it was received.You can ask for a Default Judgment if no answer was received.If the other parent lives in another state, you may not be able to get child support.
Step 17: Take part in discovery.
Parties request documents in the other party's control.The other parent's answer should list assets and income.If you think the other parent is hiding income or assets, then you should look into it.You can request personal income tax returns.For the past five years, the parent had an ownership interest in the business.All bank accounts have been closed in the past five years.A list of investments.There are bank statements.There are copies of insurance policies.Information on trusts, credit cards, real estate, and other property are included in any other financial document.
Step 18: Get ready for the hearing.
You will either be given a hearing date at that time or a date will be mailed to you.You should review your petition and the other parent's answer to prepare for the hearing.A trial is more formal than a hearing.Some states hold hearings by phone.When filing your motion, you should ask the clerk how hearings are held.A signed birth certificate, a signed acknowledgment of paternity, or a court order are some of the documents that should be brought to the hearing.Look at the factors that your state considers relevant in setting child support.If the situation warrants it, judges can adjust the amount up or down.
Step 19: You should attend the hearing.
The judge will try to find out how much child support is awarded.You should be prepared to answer any questions related to what you wrote on the financial worksheet.Arrive on time.You should have plenty of time to find parking and get to the courtroom before the scheduled start time.
Step 20: It is appropriate to dress appropriately.
The courtroom is a professional place.You should dress nicely.If you go to church, dress like you would.Men should wear slacks and a shirt.You need to have facial hair trimmed.Business casual is when women wear a blouse with a skirt or slacks.If they aren't too revealing, dresses are fine.There was no loud jewelry.Don't wear jeans with holes in them, halter tops, or shorts.
Step 21: Speak respectfully.
Stand and say "Your Honor" when speaking to the judge.No matter how nervous you are, don't chew gum in court.Food and drinks should not be brought in, and cell phones should be turned off.
Step 22: Answer questions.
The judge might ask you questions about the paperwork.You will be asked why you think the father is the same person as you.You should be able to answer questions without taking too long.The other parent will be at the hearing.You should conduct yourself in a professional manner no matter how angry you are.
Step 23: The order should be drafted.
The prevailing party usually prepares the orders after the hearing.The judge ordered the order to be written.There needs to be a blank form for you to fill out.Give it to the other parent so they can review it.A copy of the order should be mailed to you after the judge signs it.
Step 24: A notice of appeal can be filed.
You can appeal if you believe the judge made a mistake.The court clerk can give you a Notice of Appeal form.You need to have valid grounds for an appeal.You might think that the judge didn't apply the law to the facts in the right way.You can't appeal because you're unhappy with the ruling.
Step 25: Receive payments.
Child support payments can be made in a lump sum or periodically.The court can require the non-custodial parent to set aside property or purchase an annuity.The Child Support State Disbursement Unit forwards periodic payments to the custodial parent.The start date is set by the judge.The judge can order retroactive child support payments for the period of time between the parents' separation and the date a formal support order is entered.
Step 26: The missed payments should be documented.
Documentation of all payments should be kept.If the non-custodial parent pays into a state Disbursement Unit, you can contact them.
Step 27: Contact the Attorney General of your state.
You can enforce an existing order even if you didn't use the state Child Support Division.They can help you find a missing parent.If you haven't received support services from the state, then you will have to complete an application.This is an example.The application will ask for personal information such as your name, address, Social Security Number, home phone, and employer information.You will be asked detailed information about the other parent, including name, address, date of birth, Social Security Number, and physical characteristics.
Step 28: A petition form can be filed.
You will need to fill out a motion to enforce if you intend to bring the enforcement action yourself.The forms for this motion should be filled out by your state.Attach a copy of the original child support order, as well as a schedule of payments made and payments missed, when you file.When setting up an initial child support order, you had to serve notice.The other parent will be able to answer the petition.
Step 29: Attend the hearing.
Prepare to talk about the amount the other parent owes at the hearing.Judges can collect arrearages.A court can place liens on non-custodial parent's property, freeze bank accounts, offset state and federal income tax returns, and seize and sell property.A judge can jail a non-custodial parent if they are found to be in contempt.Do you think this is in your best interests?It will be harder for you to collect child support if the non-paying parent is jailed.