Divorce Tools Splitting Up Your Children Relationship Info Self Care General Info
Child Support and Enforcement
The fair amount of child support that a parent should pay is determined by
individual state guidelines based on the needs of the child, the number of children who
must be supported, and the ability of the parent to pay. Each parents income
is figured into the equation for determining support. If you would like
help in determining the level of support that you should
receive, you can use the child support calculators found in the state resources section.
The child support decisions that are made during and after divorce or separation will dictate your children's future.
The Child Support Handbook
explains in detail how child support works. It focuses on the rights each father, mother, and child has under certain
laws, situations, and circumstances, and how child support will
typically be decided by the court or through out-of-court negotiation and settlement.
Your lawyer should include a support calculation table when drawing
up your divorce papers. Also included should be provisions for registering with the
State Child Support Division. After the divorce papers are finalized, contact
the agency to verify that your ex has registered. If not, the agency needs to be
notified to assure that there is no dispute over child support payments made or received. The Family Support Act of l988 requires that child support payments be with-held from an obligated parent’s paycheck from the
time support is ordered.
If child support payment guidelines aren’t established in your divorce
papers, problems can occur if the non-custodial parent fails to pay. If this happens,
you will need to obtain an order for the payment of child support and submit
it to the court. If it is approved, a wage assignment order will direct your ex’s
employer to deduct the child support from his earning and make payments to you or to the child support enforcement division. A wage assignment
order must be served on the employer of the non-custodial parent before it becomes effective.
Federal law requires that the state you reside
in make available it’s child support enforcement
services to any person requesting it. They are
also responsible for locating parents who are not paying their child support obligations. For this, you
will need to your ex's name, home and work addresses, and social security number. They are also able to intercept
the tax refunds of the delinquent parent, but can
hold the refund for up to six months (have other
means available to survive). They may also refer
your ex to national credit rating agencies to
discourage him from taking on obligations
that would hinder his ability to make
support payments. You can locate the Child
Support Enforcement Agency in your state at the
Main Child Support Enforcement
Website.
Another option you have is to hire an outside agency to help get your child
support. Child support collection agencies offer an alternative to existing government programs
and private attorneys, and have a very successful collection rate. Most
don't charge an initial fee, instead they collect a percentage of the support
that is actually paid.
Try to shield the children from your ongoing battle to collect child support. These are financial matters that they don’t need to know about since it places blame on someone that they love. Realize that your children are dealing with a wide range of emotions, and that you shouldn’t add to their stress.