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The United States’ standards require parents to support their children until they become legally independent. A child support order ensures the fulfillment of the support obligation. The custodial parent caters to the child(ren)’s primary home and other daily issues, while the noncustodial parent pays child support for their own part. When both parents spend equal time with their kids, the individual earning more often shoulders the child support.
You can agree on a support amount with your partner and approach the court to seal it. However, if you cannot reach an agreement, the court will decide for you. “If you are at a crossroads, hire an Alpharetta child support lawyer to help you reach a fair decision,” says attorney Shawna Woods of Atlanta Divorce Law Group.
Below is a step-by-step guide to receiving a child support order:
Step 1: Apply for a Support Order
File an application for child support by providing all the court requirements, such as children’s birth certificates and recent tax returns, among others. You may also fill out a support calculation sheet to determine a support amount based on your jurisdiction’s formula.
However, you can suggest a different amount based on your child’s peculiar needs. If this is the case, you need to prove why the suggested amount is ideal for your child. You will submit your forms to the relevant court in your jurisdiction.
Step 2: Serve Your Partner
Serve the child support papers to inform your partner that you have asked for support. The paper should include a copy of your application and summons.
Some states allow you to give the papers to the defendant, while others demand you use a process server or hire a sheriff. Alternatively, you can use an adult friend or family member. Submit an affidavit of service to the court to prove that you have served the defendant.
Step 3: Wait for the Defendant’s Response
Ideally, the defendant should respond within 30 days, but if they fail to, the court will probably award you the child support. In this case, you will skip Step 5.
But if the other parent files an objection to the payment or amount quoted, both of you must attend a child support hearing. The other parent will provide a document that will help the court decide the amount they should pay.
The other parent may opt to negotiate with you. You will document the agreement in a stipulation or other agreement form for the judge’s approval. Upon approval, it becomes a court order, and you will get a signed copy to keep for record purposes.
Step 4: Attend a Child Support Hearing
The judge will review the documents both parents filed during the support hearing and listen to their arguments backed with evidence. The judge will decide after the hearing session(s). They may give you a tentative support order pending the final order.
Step 5: Get Your Child Support Order
The judge will approve your agreement to become a court order or decide on the order after the hearing session and make the copy available to you through email or mail.
A child support order differs from a child custody order. You cannot decline the payment of child support because the other parent is not granting you access to the child. Also, the other parent cannot deny you visits with the child because you have not paid child support.
Step 6: Enforcement of Child Support Order
The judge will send a copy of your child support order to a local child support enforcement agency to ensure both parties abide by the letters of the order. The agency will sanction you if you refuse to pay. For instance, the agency can take steps to deduct the owed support amount from your lottery winnings or income taxes.
If you miss several payments, you may be toying with jail time.
Step 7: Modifying a Child Support Order
If things go south with you financially, you may need to come back to the drawing table. For instance, if the parent responsible for the support payment loses their job, there will be a need to modify the support order. In another instance, the child may need more money.
If any of these circumstances occur, you can negotiate a new amount with the other parent or approach the court to help you decide. You can also contact an experienced mediator.
Conclusion
Obtaining a child support order in the US can be a complex and emotionally charged process. By following these seven steps, you can navigate the system more effectively and ensure that your child receives the financial support they need. While it’s possible to handle the process on your own, hiring an experienced attorney can help you reach a fair and legally sound outcome, especially if complications arise. Making informed decisions and seeking professional guidance can ease the stress and ensure the best possible outcome for your child’s future.