How to Get Child Support, Everything to Know
How to get child support is important to understand when it comes to raising your child or children alone. Learn about all your options of receiving financial help, which begins here.
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Introduction
Did you know that the average cost of raising a child in the U.S. as of this year, from birth through 17 years of age is roughly $233,610.00. This is an accumulation of expenses over the years and can vary based on lifestyle. But, no matter how you look at it, the truth of the matter is that raising kids can cost a lot of money.
It can be a financial strain on married couples. And can be devastatingly rough on single parents. Whether they want to or not, sometimes the only way to make it through is to seek child support.
If you find yourself in need of financial help and aren’t receiving child support, here is everything you need to know about how to get it.
The Right to Be Supported
Children cannot speak up for themselves or to protect their rights, so the State of California does it for them. It doesn’t matter that the status of the child’s parents, the state wants to make sure his or her needs are met. In fact, children are entitled to the support of both parents, custodial or otherwise.
To make this happen, California Child Support Services makes this process as manageable as possible.
Open a Case for Child Support
Before you can take any additional steps, you have to open a child support case. This is to be done by the child’s legal guardian. Even if you have an order from a judge, your child support case doesn’t automatically open. You can take care of this online or by visiting your local child support office. Once it is submitted, your case will move into the court system for an order by the judge.
It makes things easier if both parents are available, but if this is not the case, an attempt to find the missing parent will be made.
File a Summons and Complaint
Once your summons and complaint are filed with the court, the other parent will receive a copy. This is letting him or her know that the case has been filed and that child support is being sought.
Generally, 30 days will be given for the parent to respond to the complaint. Otherwise, the judge may enter a generic order for child support without taking any financials into consideration.
If you have been served a summons and complaint, it is a good idea to talk to a lawyer to make sure you move through the process as fairly as possible.
Paternity Will Need to Be Confirmed
Just for the sake of making sure everyone is who they say they are or are the actual responsible party, legal parentage must be established. DNA testing is used to determine legal standing though proof that the parents were legally married at the time of the child’s birth also confirms paternity.
Sometimes two parties know they are responsible and other times the judge will order paternity to be addressed. Either way, the case cannot move forward without it.
Negotiating an Agreement
Going to court can be scary — and sometimes results in a way that one party or the other may feel as unfavorable. Coming together as two adults to negotiate an agreement is often seen as the best way to approach child support.
This keeps the lines of communication open and reduces the need for the court to have to order anything. Local agencies in California have what they refer to as Family Meetings. During these meetings, each parent will meet with a child support caseworker. You have the choice of having this meeting all together or individually with the caseworker. Negotiations will commence until terms can be agreed upon.
A Stipulated Agreement is drawn up and filed with the court. If an agreement is not reached, the case will have to go through the court system. A court date will be set and the judge will review all relevant information. An order will be entered.
Receiving Your Child Support Payments
When a child support order is entered, whether by the judge or a stipulated agreement, payments will commence. Federal law mandates that employers are required to withhold funds from the individual’s paycheck. While this used to be a way to get payments from someone who had failed to pay, it is now a requirement for anyone who is working.
The California Child Support Service keeps a record of all payments.
What to Do When Payments Are Not Received
The child support order is legally binding and enforceable. So if the parent who is responsible for paying child support doesn’t pay, they can face several penalties, including:
- Driver’s license and/or passport suspension
- Bank and property liens
- Interception of tax refunds
- Revocation of professional or occupational licenses
All child support payments that are not paid will be subjected to a 10% interest fee.
If You Need to Make Changes to Your Order
Life changes and so do circumstances. If at any time something comes up, such as a change in employer, employment status, custody or visitation, and so forth, you need to let the court know. Anything that differs from the order and may impact the child support payments needs to be modified on the order.
Your local child support agency or your lawyer will be able to guide you on how to handle this situation.
Consult with an Attorney
Your child support case is not something to take lightly. Unless you are going after the other party for spiteful reasons, there is a really good chance you need the help. After all, we’ve already determined it is incredibly expensive to raise a child.
Make sure your rights are protected and that you are doing everything properly so that you don’t risk losing out on child support. Although these steps to gain support seem rather cut and dry and easy, nothing ever goes so smoothly.
Child support may be contested. The other party may want to fight for additional visitation. Or maybe there is deceit taking place to avoid having to pay the ordered amount. So many things can happen – and going it alone isn’t always the best decision.
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