Child support payments are the responsibility of a parent that isn’t the primary caregiver of the child. These monetary payments are necessary to take care of the childs well being and can cause great hardship to the child if the payments aren’t received by the custodial parent.
Gaining the child support can be a complicated process, and that’s why a Family Law Attorney is so important to use in this circumstance. Professional child support services are generally successful in obtaining child support payments from a non custodial parent.
There are lots of reasons why a non custodial parent may stop making child support payments. It may be because they don’t have the money or income, arguments over visitation, improper use of the child support payments, and more. A parent who feels their child support amount is too high to pay should file a formal claim in court to get the amount changed, or at the very least, plead their case for review.
Support Court Filing Process
Generally, a support court filing procedure involves three steps.
1. A petition that defines the need for financial support
2. An interim request for support
3. The summons process
The summons process is a request for a hearing. The petition will list the parents and/or guardians, identify the offspring, the request for paternity test proof, and will list the actual amount of child support due. Two copies of the document are made, submitted to the court with the original document, and the court will then endorse them and return them to the petitioner. Following the rules set forth by the court is very important in getting the child support payments you need for the child.
A summons also requires the person responsible for paying the child support to respond within 30 days. The summons has to be returned to the court along with the petition. The rules of procedure are documented on the summons form and an official stamp will be put on it. Temporary financial support can be requested at the same time the petition is filed. While the petition hearing is in pending status, this temporary financial support can help to make ends meet.
The petitioner, usually the custodial parent, will need to file a hearing request and notice of hearing in order to obtain interim (temporary) child support. The request for hearing is a request that the temporary child support be taken care of quickly. An informational sheet is often required by most states when payments are not made. This information sheet documents information about the child or children in question.
Enforcement Of Child Support
When a non custodial parent winds up not paying their required child support, it can be a complicated process to know which forms you have to fill out and how to make sure the non custodial parent pays the money they owe. Several thousand dollars per year is the average child support payment, which more than justifies the use of a family law attorney. Family law attorneys are skilled in getting you the much needed payments.
Recovering past due child support can be done in a number of ways:
1. Seizure of all assets until the money is paid
2. Intercepting tax return money
3. Wage withholding from an employer
4. Garnishment of wages
These are just a few methods that legal services will use to get you the payments. Enforcement of seizing assets and garnishing wages are two of the most popular ways of getting the money to the custodial parent.
Child Support Attorneys Almost Always Win
Both parent locators and vehicle reports can help find a missing parent who owes child support. A private investigator is sometimes needed to find the missing parent. This can get costly though, so every other avenue of finding them is explored first.
Court ordered financial obligations are strictly enforced and the U.S. government takes it very seriously. The Child Support Recovery Act, passed in 1992, makes it a crime to withhold money over the amount of $5,000 from a child or it has been more than one year since a child support payment has been made. It’s the job of a family law attorney like www.winoritsfree.com to help make it an easier process to recover past due money owed to a child. Most people find that it’s money well spent to hire a family law attorney when it comes to overdue child support.