Filing for Child Support

Q:  What is child support supposed to be used for?

Child support is meant to cover expenses for the child.  That ranges from shelter, food and clothing to child care expenses, school trips, medical expenses, lunch money and much more.

Q: Is child support supposed to go to the parent or to the child?

Child support is paid to the custodial parent (the parent who maintains residency) for expenses for the child.  It is not paid to the child.

Q: When does child support start?

Child support begins after a court order has been entered.  If a custodial parent decides not to take non custodial parent to court for many years they cannot ask for child support during that time period.  If the custodial parent takes the non custodial parent to court and it is proven that the non custodial parent has absolutely no means to pay, the child support money is still due and payable and will begin to accrue arrearages.  The custodial parents will be able to collect those arrears and any current support as soon as income or assets are determined.

Q: Can I get child support if it wasn’t part of the original divorce?

Child support orders are fluid documents meaning that they can always be changed with good cause.  If there is a reason that the circumstances have changed since the child support order was entered then you can apply for a modification.

Q: Which state child support rules will apply if I move to another state?

Some years ago you would be able to re-file your child support case in a new state if the rules in that state were more appealing to your situation.  But in 2001 that changed.  The UNIFORM INTERSTATE FAMILY SUPPORT ACT Section 611 was amended to say that the duration of the child support obligation should be fixed by the order of the originating state, which means that whatever laws were in place in the state where the child support order originated will stay in place under the child is emancipated.

Q: Should I re-file for child support if he wasn’t at the hearing?

That shouldn’t be necessary.  As long as the non-custodial parent was properly served you should receive a child support order by requesting that the Judge enter a default judgment.  If he was not properly served then he will have to be so that he can have his day in court.