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In divorce cases, child support payments may be determined as part of the divorce settlement, along with other issues, such as alimony, custody and visitation. In other cases, there are several steps that must be undertaken to receive court-ordered child support.
Some custodial parents may hire lawyers to oversee their child support cases for them; others may file their own applications in their local courthouses.
While procedures vary by jurisdiction, the process of filing a motion for court ordered child support typically has several basic steps.
First is that the custodial parent, or his or her attorney, must appear at the local magistrate or courthouse to file an application or complaint for the establishment of child support.
The information required varies by jurisdiction, but generally collects identifying data about both parents and the child or children involved in the case, including their names, social security or tax identification numbers and dates of birth. Parents may also be required to furnish details relating to their marriage and divorce, if applicable, as well as documents certifying the identity and parentage of the child or children.
The second process is that once the non-custodial parent is located, he or she will be visited by a local sheriff, police officer or process server and served with a court summons.
The summons informs the non-custodial parent that she or he is being sued for child support. Once served, the non-custodial parent must attend a mandatory court hearing to determine if he or she is responsible for child support payments. Learn more of this with the Austin child support.
The third process is that in cases where parentage of a child is denied, has not been established by marriage or is not listed on the birth certificate, or where paternity fraud is suspected, courts may order or require establishment of paternity.
Paternity may be established voluntarily if the father signs an affidavit or may be proven through DNA testing in contested cases. Once the identity of the father is confirmed through DNA testing, the child's birth certificate may be amended to include the father's name. More information about this with the Austin child support.
The fourth and last process of obtaining child support is that after the responsibility for child support is established and questions of paternity have been answered to the court's satisfaction, the court will order the non-custodial parent to make timely child support payments and any other provisions, such as medical orders, will be established. Visit the Austin child support to learn more about this.
Child support laws and regulations vary around the world. Legal intervention is not mandatory: some parents have informal or voluntary agreements or arrangements that do not involve the courts, where financial child support and/or other expenses are provided by non-custodial parents to assist in supporting their child or children. For more information about the process of obtaining child support, then visit the Austin child support for more details.
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