While most people are familiar with the concept of child support—one parent pays money to the other as a means to care for their children—a large majority probably don't know exactly how to get the process started. This article outlines how to go about filing a request for child support, the eligibility requirements that must be met, and how to change an existing child support agreement.
Getting Started - Eligibility
Courts will consider petitions for child support regarding parents that are divorcing, separating, or requesting an annulment to their marriage. Papers must have already been filed with the proper agencies for the aforementioned individuals. Additionally, courts will consider awarding child support for parents that never married, and even those who are involved in a restraining order dispute.
It is important to understand that courts will take into consideration whether or not the parent requesting subsistence has asked for, or currently receives, any form of assistance from the government. If he or she has received assistance from programs like TANF, for instance, than the local child support agency will automatically put in a request for child support from the non-custodial partner.
Opening a Case
If you qualify, the first step in petitioning for child support is to open a case with your local agency. To begin, you need to contact the office of the superior court in your county and set an appointment. To get started, you generally need to bring a few documents with you, including recent pay stubs for any income, as well as your federal and state tax returns, and a list of living expenses. Also, it helps if you can provide the address of the individual from whom you are seeking child support.
Altering Child Support
In certain instances, it may be necessary to modify the existing child support agreement. Generally these modifications are the result of a change in the amount of time the child spends with either parent, or a change in the custodial or non-custodial parent's income. For instance, if child has been spending more time with the non-custodial parent, then it makes sense that the money he or she is required to pay should be reduced.
On the other hand, if the custodial parent recently lost his or her job, or the non-custodial parent got a raise at work, than one might argue that an increase in child support payments is warranted.
Ultimately, procuring child support from a non-custodial parent can be a lengthy process, but you will find that the time spent determining your eligibility, opening a case, and knowing how to change the agreement, if need be, is a worthwhile undertaking.
