Establishment of New Support Orders
A noncustodial parent must be personally served with a Summons & Complaint or Petition for child support. The Summons will provide instructions on how to request a court hearing. Noncustodial parents have 2 options once served with this civil action: contact the CSE agency to voluntarily Stipulate to a child support amount, or if you don’t agree to the amount or dispute paternity, the noncustodial parent must file an Answer with the court. He or she has 30 days to do one or the other. If a noncustodial parent fails to act within 30 days, he or she is subject to a Default Judgment.
Noncustodial parents should NEVER allow a Default Judgment. Yet thousands of default judgments are filed every day throughout the country. It is very difficult and expensive to reverse a Default Judgment once it is entered so if there is any doubt on the amount of child support, or in paternity, you need to file an Answer with the court within the 30 day time frame allowed.
Child support guidelines vary from state to state. But generally the criteria for establishing child support amounts is typical throughout the United States and these guidelines are established by each state’s legislature. The amount is determined by each parent’s net income including allowable deductions. These generally are:
Noncustodial parents must provide health insurance coverage for the children if it is requested by the custodial parent, if the child is on Medi-Cal or MediCaid, and if it is available to the noncustodial parent through his or her employer or at a reasonable cost. Any uncovered medical or dental expenses are usually ordered to be paid equally by each party. CSE agencies also have the ability to "impute" or "presume" income on the noncustodial parent if they do not have actual verified income information in the case file. Noncustodial parents need to be aware of this as a Default Judgment may set an amount of child support that is not in accordance with the actual income and does not include any allowable deductions. Another reason you should never allow a Default Judgment.
Navigate: Home Categories Collecting and Paying Child Support Establishment of New Support Orders
Useful Online Tools
Child Support Decrease Request Letter - Payor to Payee
Custody, Visitation & Support Modification
Resources & Tools
AUTOMATIC MODIFICATION -- Some child support orders are automatically modified. When certain conditions are met, for example, an escalation clause allows the child support amount to increase as the noncustodial parent’s income increases.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
The Divorce Record Keeper
Related ChecklistsFinancial Records
Before You Settle
Terms to LearnAssignment
Support Enforcement (CSE)
Child Support Guidelines
Child Support Worksheet
Reciprocal Enforcement Act
Over 1000 terms A-Z
What Constitutes Emancipation to Release a Parent From a Child Support Obligation
View Child Support Resources in Our Online Bookstore
Established in 1996
Copyright© 1996-. All rights reserved by MH Sub I, LLC dba 3StepDivorce.