Legal Advice on Child Support
From Adviceopedia
If you are going through a divorce, a single mom or dad, you should seek legal advice on child support.
How to Establish Paternity
If a couple is not married to each other, the first step in getting child support is to establish paternity. There are three ways in which paternity can be established:
- Get married
- Have the man voluntarily admit paternity by signing an acknowledgment form or an affidavit
- Go to court for an order for DNA testing
Contact the Office of Child Support Enforcement to Start a Claim for Child Support
The Office of Child Support Enforcement in your area can help you apply for child support, whether you are currently on public assistance or not.
Absent Parent? Let the Parent Locator Service Help
When a parent wishes to apply for child support but does not know where the other person lives or works, the Federal Parent Locator Service(FPLS) can provide assistance. Under federal law, the FPLS keeps a national registry of new hires and child support orders. FPLS can match a name from the new hire list to an order for child support within a few days.
How is Child Support Calculated?
The amount of child support payable by a non-custodial parent varies according to the state. This calculator can be used to estimate the child support that may be ordered. Keep in mind that these numbers are estimates only. The court will determine the appropriate amount of child support in individual cases.
Other Items That May Be Included in a Child Support Order
In addition to an order for a monthly support payment, the non-custodial parent may be ordered to provide the following:
- Medical insurance
- Funds to pay for medical procedures not covered by insurance
- Life insurance to provide financial support in the event of the death of the non-custodial parent.
What If The Other Parent Doesn't Pay Child Support?
If the court has ordered the non-custodial parent to pay child support and that person does not pay, there are legal solutions available. The court can order the non-custodial parent's employer to deduct the child support payments from his or her wages. The wage assignment order must be served to the employer before it can take effect. If the employer fails to comply with the order, the employer may be held liable for the support payments as ordered.
The court may also make an order that real or personal property owned by the non-custodial parent be seized and turned over to the other parent to compensate for the unpaid child support. An individual's bank account, vehicle, or funds held in an investment account may be subject to seizure.
An Order for Child Support Can Be Changed if Circumstances Change
An order for child support can be varied if there is a material change in circumstances. The non-custodial parent's financial situation may change due to the loss of a job. The order for child support may be changed if the individual receives a promotion (and a substantial raise) or a sizable inheritance. The material change in circumstances may also be due to change in the child's circumstances; for example, the child may require medical treatment for a recently-diagnosed medical condition.
What Happens if the Non-Custodial Parent Remarries?
In some states, a stepparent is not legally responsible for supporting his/her children from a previous marriage. Even if your state has passed a law requiring steparents to be responsible, a good course of action is for the stepparent to keep his or her earnings in a separate bank account. If the new spouse's income is kept separate, then it is much easier to prove where the money came from if the former spouse seeks to increase amount of child support.
Consult a Lawyer
The best legal advice on child support you will ever receive is from your lawyer. Many specialize in family law.
