The Best Books About Child Support
|
Does child support have to be paid through the enforcement agency, or can my ex pay me directly? Your ex can pay you directly if that is an arrangement that you both can live with. Before you make that decision, consider that if payments are made by wage withholding you will have a clear payment record through the CSE(Child Support Enforcement) office, payments won't be delayed by the mail, and you avoid the possibility of money falling into the arrears by an ex who does not pay because wage withholdings are automatic. As long as the obligor keeps their job, you will receive child support. Having a wage withholding is beneficial for the payor as well due to some reports of payee not reporting the actual amount of support received. Do I need a lawyer to petition for child support? Having an attorney is not a requisite when petitioning for child support. If you can afford the benefit of hiring one - which may be costly - then it is always recommended that you do so. However, you may always represent yourself in court, or use one of many creative ways of hiring an attorney which may cost you nothing at all, or the bare minimum in up front fees. What is the difference between alimony and child support? Alimony is a sum of money paid each month to a former spouse for their direct benefit. It could be used in a rehabilitative sense so that the receiver can go back to school to further enhance a career or change careers, or it can be used to keep the receiver up to the standard of living which they have been accustomed to, by being married to their former spouse. Child support is an amount of money paid to the custodial parent for the care of the children that were born to the payor and the payee. Does it cost anything to apply for Child Support Enforcement Services? Anyone who is receiving AFDC, Medicaid, or Foster Care stipends do not have to pay for CSE services. Everyone else can be charged a fee of up to $25.00. Some states absorb all, or part, of the fee, and some states will collect the fee from the non-custodial parent. Check with your local CSE agency regarding your state policy. Does it cost anything to receive services from CSE agencies? CSE agencies can recover all, or part, of their fees from those who do not receive AFDC benefits. Fees can be deducted from child support payments, or collected from the non-custodial parent. Not all states recover the costs of their services so it's important to check with your local agencies regarding your state policies. Do I need to know any of this since I have a lawyer? Absolutely. We are always our own best advocates. By being well-informed and knowledgeable about child support guidelines and law, we can be certain that we ask the right questions and act on what is in our best interest. If my child support is in the arrears can I withhold visitation? No. Child support and visitation are separate issues. You cannot lawfully withhold visitation if child support is past due. Conversely, one cannot lawfully withhold child support if they are not allowed visitation. Many states are working on methods to assist with visitation issues. What are the benefits of establishing paternity? Once paternity has been established, your child gains most of the legal rights that a child born within a marriage has. This includes, but is not limited to, child support, rights to the fathers medical and life insurance benefits, inheritance, social security and veterans benefits. What if the alleged father denies paternity and refuses to take a paternity test? As of October 1989, anyone involved in a contested paternity case must submit to genetic testing. If the accused father is served and fails to respond to the complaint against him, a default judgement will be entered in court establishing paternity. At the same time, a court order for support may be issued. Can I have an attorney and still receive CSE services? Yes. Your attorney can work with the CSE agency on your behalf. Will I receive child support collected if I am on AFDC? If you are on AFDC and the state is able to collect your child support, you will receive up to $50.00 each month from the support collected in addition to your regular grant from AFDC. The balance of the child support paid will go towards reimbursing the government for the benefits made to your family. My ex owes me a lot of child support, but continuously shows up with brand new cars. How could this be allowed to happen? Aren't creditors aware of child support arrearages? Not unless someone tells them! A report of child support arrearages must be made to the credit bureaus or they will not be properly informed. The law allows for child support arrearages to be placed on credit reports so creditors can be aware of their customers' complete financial picture. Someone just has to make it happen. My ex pays me directly, but always bounces the child support checks. By the time I get paid it is always another 30 days or so. What can I do? The law allows for a wage withholding when child support payments are behind 30 days or more. Child support payments would then be taken directly from your ex's pay eliminating the need for him or her to pay you directly. Also, it is a crime to bounce checks. Think about taking criminal action by reporting the bad check to your local police department. What if my ex's employer refuses to withhold wages for child support? Your ex's employer does not have a choice. Federal law dictates that an employer must withhold wages if ordered by a court to do so. My ex owed me several thousand dollars before I took my case to the CSE agency. Is there any way to recoup that past due money? Since the money was owed before the CSE agency became involved in your case, they will have to verify that the money is owed to you. What documentation do you have to prove your case? Bring whatever letter of agreements that you have pertaining to this matter to your caseworker. You may have to appear in court to present your documentation before any collection can take place. My ex is incarcerated. Is there any way for me to receive child support payments? Child support obligations are not discontinued if the obligor is unable to make the payments. The unpaid support will accrue until it is properly paid, unless you agree to have payments deferred until the non-custodial parent is released and working. But why would you do that? If, while, in prison there are wages earned through a work release program, these earnings can be garnished for child support. If the non-custodial parent has assets or real property, you can receive an execution whereby the property is seized and sold, and whatever support is owed to you is then paid. This can be complicated, and cost you some money. Only you can decide if it is worth it. My CSE agency is not doing all that they can do to enforce my case. Can I take it to Federal Court? Yes. If your CSE agency has not had any response to requests for enforcement in another jurisdiction, you can take your case to Federal Court. The decision has to be made by the Federal Regional Office of Child Support Enforcement at the request of your caseworker and the State Enforcement Office. If you are not satisfied with the services you are receiving by your local CSE agency, ask your State agency for help.
| ||||||||||||||
| Divorce Tip: #76 It is very important to discuss discipline techniques, so both parents are consistent and the child(ren) are not confused. Sponsored by: Pension Appraisers, Inc. |
| The Research Center: (Divorce Cases of Interest) | Research Home | ||||
Find Case Law, Case Analysis, and Divorce Information...
| |||||
Copyright© 1996-2009. All rights reserved by Divorce Source, Inc.
Comments & Suggestions?