Child support is payments that are ordered by a court to be made by one parent to the other parent for the benefit of their children. The child support laws in every state outline the amount of child support that will be provided based on the custody arrangement of the parties or how much time the child resides with each parent, along with their income and finances.
Usually, the parent who does not have primary physical custody of the child or who lives with the child less than half of the time is the parent who is ordered to make child support payments.
Why Is Child Support Necessary?
Child support is used to provide for a child even in situations where they do not reside with both of their parents. Child support payments are intended to be applied to the expenses involved with raising a child, such as:
- Food, shelter, and clothing;
- Medical care and health-related expenses;
- Educational expenses.
Both of a child’s parents are obligated to financially support their child. Mandatory child support is one way a court can ensure that a non-custodial parent is contributing to the needs of their child.
The parent who is required to pay child support cannot escape the obligation. The parent who has physical custody of the child is not permitted to refuse to accept the child support payments the court orders for their child.
How Should I Prepare for a Meeting with a Lawyer for Child Support?
Obtaining child support can be crucial for an individual to help their child have a comfortable life. It can, however, be a long and stressful process.
Preparing ahead of time can relieve some of the stress and help the individual’s lawyer obtain a child support order that is in the best interests of the child. There are several factors an individual should consider and prepare for when they are meeting with their child support lawyer.
These may vary depending on where the individual resides.
Where Are the Parents Located?
If an individual is the parent who is requesting child support, they will need to determine where the other parent is living, including their address. There are some state child support service agencies that can help an individual locate the other parent if they need assistance.
Depending on the state where an individual resides, the required forms and steps for a child support petition will vary. In general, a child support case should be filed in the state where the parent who will be paying resides.
Which Parent Has Physical Custody of the Child?
The parent with whom the child resides has physical custody of the child. The custodial parent, or the one who has custody of the parent, may request child support from the non-custodial parent who does have visitation rights but does not reside with the child.
If the child resides with a non-parent, for example, a grandparent, aunt, or uncle, they may also request to receive child support from one or both of the child’s parents. In many cases, grandparents are the primary caretakers of their grandchildren.
How Much Do You and the Other Parent Earn?
When determining child support, the court will review the financial capabilities of both parents, including their income and debts. Because of this, it is important for an individual to have a list of their assets, debts, and monthly expenses.
It can be useful for an individual to bring a statement of their income and property, which may include a bank statement. Other documents, for example, recent W-2 tax forms, may be used as proof of earnings and financial ability.
A court will use certain factors to calculate child support payments, including:
- The income amount of both of the parents has to be exchanged to determine what the proportionate payments should be;
- Employment status of the parents;
- Other dependent children;
- Overnight visits would require more financial credit than once a week’s dinner and non-overnight stays;
- Healthcare costs; and
- Child care expenses.
Some courts will examine the income shares as a guideline to determine the monthly child support payment amount. This means the court will examine the gross income of both parents and create a payment that is proportional to each of the parent’s income.
All states, however, have specific factors they consider for calculating child support.
Has Paternity Been Established?
If the child’s parents are not married, they will need to determine if paternity has been established. This is because only a legal parent is financially obligated to pay child support.
It is important to note that a legal parent is not always a biological parent. This is why it is important to determine the true paternity of the child.
Paternity may be established in one of two ways. Both of the parents can sign an Acknowledgement of Paternity, or the court can provide an Order of Filiation after a paternity case.
Is There an Existing Child Support Order?
If a child support order is in place, it will be considered when determining the new child support petition. Because of this, an individual’s lawyer will need the proper documentation that provides them with information on the existing child support order.
A parent may request to modify an already existing child support order. There are many reasons a court may consider a modification in a child support order, including:
- A change in the income of the parent who is paying child support;
- A change in the dependent children;
- If the parent or the caregiver beings receiving public assistance;
- A significant amount of change in childcare costs;
- The child becomes disabled;
- There is a change in the medical and dental coverage; and
- Both parties agree to change the order.
It is ultimately up to the court to determine if a child support order needs to be modified. Although it may seem there is a valid reason to change an order, a court will examine the various factors and determine the best solution.
What Is Your Relationship Like with the Other Parent?
An individual’s child support lawyer needs to be aware of the type of relationship the custodial parent has with the non-custodial parent. Every child has the right to receive child support from their parent.
It can be helpful to develop a cooperative relationship between parents when they are applying for a child support petition. An individual should keep their lawyer informed of the relationship between the parents, as it will assist them during the petition process.
What Should I Bring to a Meeting with a Child Support Lawyer?
When an individual is going to a meeting with their child support lawyer, they should bring the following documents:
- Valid identification;
- Proof of address;
- Birth certificate of the child or children involved;
- The other parent’s contact information;
- Proof of paternity;
- Parents and child’s social security cards;
- Proof of income;
- Evidence of recent child support payment, if applicable;
- Divorce decree, if applicable;
- Existing child support orders; and
- Additional financial documents that may be relevant.
It is always important for an individual to be honest with their attorney. An attorney is there to help their client, and if their client keeps information from them, it will only hurt their client’s case.
Where Can I Find the Right Lawyer to Help Me with Child Support?
Child support lawyers are available to provide you with guidance on the complicated child support process. It is important for you to take the first steps to prepare any information or documents that may be needed to get the most value from your meeting with your child support lawyer.
