The financial aspect of taking care of a child's needs is referred to as child support.Regardless of the couple's relationship status, it is the legal responsibility of both parents.If a child's parents are married to each other when that child is born and both parents' names are on the birth certificate, then they assume fiscal responsibility for the child.Along with the custody agreement, financial support obligations are usually included.If the child's parents are not married at the time of the birth, it may be necessary to apply for court-ordered child support.
Step 1: The purpose of child support is understood.
Child support is designed to allow a child to enjoy a standard of living similar to what they would have enjoyed if their parents lived together.Child support can be ordered when the parents are separated, have never lived together, or in the midst of a legal separation case.It is usually paid to the parent who the children spend most of their time with.Child support isn't alimony.The purpose of alimony is to support a former spouse.The purpose of 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 themselves.Child support payments can only be changed by the court.
Step 2: You should read the child support laws in your state.
Statutes are used to determine child support payments in each state.You can find your statute by typing it into a web browser.The child's needs and the parents' ability to pay are considered.A judge can deviate from the formulas, which are often only guidelines.Courts can consider a number of factors when setting child support payments.The non-custodial parent's income is only considered by some states.Some states use gross income while others only consider net income.Both parents are paying child support or alimony from a previous marriage.The parent is paying for health care.The parents are responsible for the children from the current marriage.Each parent is supporting a certain number of children.The expenses of raising children don't double for each child you add.Either parent lives with a new partner or spouse.The child may be disabled.If your child is not capable of self-care, support payments could continue indefinitely.
Step 3: Meet an attorney.
Child support payments can be more accurately estimated by an attorney.If you want to negotiate child support with the other parent, an attorney can help.You can find family law attorneys in your state on the bar association website.You can call or email the states that run referral services.
Step 4: An agreement can be created outside of court.
Child support payments can be worked out between parents.You would need to submit your proposed child support payment schedule to the court for approval if you can come to an agreement.If one of the parents has been a victim of domestic violence, this may not be an option.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 5: Financial documents should be gathered.
A support agreement that takes into account the finances of both parents is what you and the other parent should come up with.To do this, you will need to gather financial information for the two of you: current pay stubs or evidence of self-employment income other sources of income, such as disability benefits, retirement benefits (including a pension), or money from trust funds or estates.
Step 6: You have to calculate expenses.
You will have to calculate the children's expenses, including health insurance.The costs of feeding, clothing, and housing your child are included in other expenses.The expenses of the non-custodial parent can also be considered.If he or she has large expenses for student loans, personal loans or a mortgage, then you may want to consider that when determining his or her support payments.Many states no longer consider expenses unless they relate to the child.
Step 7: It is possible to estimate the amount of support on your own.
Both parents should independently assess how much child support a court will order in the absence of an agreement.You may want to agree to that amount if you come up with similar amounts.You can use your state's calculator to get a rough estimate of what your guidelines would mandate.There is a state calculator on AllLaw's website.Try to figure out why your number is different from the other parent's.It's possible that you weren't using the same numbers.
Step 8: Consider the use of mediation.
A neutral talks to you and the other parent about the case in 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 9: 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.The agreement should be finalized.Both parties should sign the agreement.
Step 10: To file a motion, you need a form.
The court must decide if the agreement is in the best interests of the child.You have to file a motion in court.Look for the appropriate form on the court's website.You will need a "Joint Stipulation" motion if both parents agree to the child support plan.Tell the clerk that you and the other parent have agreed to child support payments and ask for the correct form.If you are going through a divorce, the form should be in the packet of information that you received.A child support agreement is necessary for a divorce to be approved by a court.
Step 11: Go ahead and complete the form.
Common information you must provide is the amount of support to be paid when the support is paid, whether the paying parent wants withholding of paychecks from paychecks who will provide for the children's health insurance, and if the agreement is temporary or permanent.
Step 12: You need to gather your forms.
Attach a copy of the agreement.If you and the other parent reach an agreement, you need to fill out all the necessary paperwork.Many courts require parents to list their income.Make copies of the forms for each parent.
Step 13: The forms should be filed.
The forms should be taken to the court clerk.It is possible that you will have to pay a fee.Every copy needs to be stamped.
Step 14: Attend the hearing.
The judge will ask both parents if they agree to the stipulations at the hearing.If the judge agrees that the proposed joint stipulation is in the best interests of the child, she will approve it and issue an order.Even joint child support agreements need court approval to be changed.
Step 15: Take a moment to think about why you need to go to court.
If the other parent doesn't agree to child support, you may have no choice but to get a court order.The other parent is not reporting all of his or her income.A parent may refuse to work a better-paying job in order to artificially depress his income.The other parent won't pay for your child's special needs.The state's formula requires you to pay more than necessary to support the child because of your high income.
Step 16: To petition the court, you need the forms.
You will need to file a motion in the court.The forms for family law cases are pre-printed.If you are seeking child support as part of a divorce proceeding, then you should have a form already in your divorce packet.If you are married but only divorcing, then you should ask for a form specific to your situation.If you were never married to the other parent, you can get a form from the court.If the father denies parentage, then you will need to establish a relationship before you can get child support payments.Many courts combine motions for child support with a motion to establish a relationship.
Step 17: Go ahead and complete the form.
You have to give the requested information.The forms will usually ask for your personal information, as well as the other parent's name and contact information.
Step 18: Seek help.
You might get confused filling out the forms.You should contact a family law attorney if you do.A self-help center can help you if you can't afford an attorney.Many courthouses have self-help centers where people can get help completing their forms.You can check if these services are available by calling your local courthouse.Instead of agreeing to do all of the legal work for you, an attorney will agree to perform separate tasks.You would be responsible for going to court by yourself if you had the attorney help you fill out forms.The client will pay less for unbundled services.The court clerk can't give legal advice, but she should always be able to point out which forms you need.
Step 19: The forms should be filed.
You should make copies for the other parent and you after completing the forms.You will be able to file your copies at the court clerk.There is a possibility of a filing fee.Call the court clerk ahead of time to inquire about a fee and payment methods.If you can't afford the fee, fill out a fee waiver form.The form should be in the court clerk's possession.
Step 20: Notices should be served on the other parent.
The other parent of your motion must be notified when you file.You need to send a copy of your motion and summons.You might need to send blank forms for the other parent to fill out.If you need to send forms, ask the clerk.There are many ways of giving notice.Check with the court to see what is acceptable.Personal service and through the mail are popular.The sheriff or a professional process server can give personal service.You will have to pay a fee if you use the sheriff.The standard cost for process server is between 45 and 75 dollars.The sheriff's fees are lower.The server must fill out an Affidavit of Service if personal service is made.Attach this to the papers when you get it from the clerk.The Affidavit will be returned to you after delivery.The original must be filed with the court.
Step 21: Prepare for your hearing.
Before your hearing, you should gather all of your paperwork.Do you need any other paperwork besides what you filed?A hearing is more informal than a trial.Some states hold hearings on the phone.When filing a motion, you should ask the clerk how hearings are held.A signed birth certificate, a signed acknowledgment of paternity, and a court order are some of the documents that should be brought to the hearing.
Step 22: It's appropriate to dress appropriately.
The courtroom is a professional place.You should dress well.If you go to church, dress like you would.Men should wear slacks and a dress shirt.You should have your facial hair trimmed.Women should wear a blouse with a skirt or slacks.If the dresses are not too revealing, they are fine.There is no loud jewelry.Don't wear jeans with holes in them, halter tops, or shorts.
Step 23: Speak respectfully.
Stand and say "Your Honor" when speaking to the judge.No matter how nervous you are, do not chew gum in court.Food and drinks should not be brought in and cell phones should be turned off.
Step 24: You can 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 is likely to be at the hearing.You should conduct yourself in a professional manner no matter how angry you are.
Step 25: Follow the order of the court.
The judge will make a decision at the end of the hearing.Even if you don't like it, you must follow the order.You should ask how to appeal the judge's order.You cannot appeal simply because you don't like the judge's determination.You have to identify an error of law or fact.