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Tips How Father's Could Get Child Support from Mothers

Posted by on in Child Support
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b2ap3_thumbnail_child_support_title.jpgWhen individuals think about child support, they usually think about fathers supporting their children while the mother maintains primary custody. However, there are instances when fathers are entitled to child support.

 

Who Receives Child Support?

Most often, the parent who has primary custody of the child is entitled to child support. In some states, unwed mothers have automatic custody rights over their child while the father has to first establish paternity to receive rights toward his or her child. However, some states allow a parent to receive child support even if the parents have joint custody if the other parent makes more money than the other. Additionally, a child who is caring for a child who is not his or her biological child may sometimes be entitled to support, such as when raising a family member or foster child. 

How Is Paternity Established?
As part of an action to receive rights regarding custody, visitation or support, the father is sometimes asked to establish paternity. Paternity can be established in a number of ways, such as by signing the birth certificate, by signing an acknowledgement of paternity or by DNA testing accepted by the court. 
Who Assists with Getting Child Support? 

Each state has its own child support system in place and laws concerning child support. In some states, the child support enforcement agency assists custodial parents with seeking child support orders from the court. Other states provide such support only to individuals who have under a specific amount of income or who are receiving financial assistance from the state. A private attorney can often assist fathers with acquiring child support. 

What Information Do I Need to Provide? 

If you contact your state child support agency or a private lawyer for assistance, you will likely need to provide certain information to help establish a court order. This includes the mother’s contact information and last known address and place of employment. You may also need to provide a birth certificate and proof of paternity. You may also need to provide certain financial information, such as information regarding your assets and income and expenses related to the child. 

How Much Child Support Am I Entitled To Receive?

Most state child support laws say that children are entitled to financial support from both parents. The states establish child support guidelines that determine how much an average child will need based on a number of factors. However, these guidelines will provide for a basic amount of support the parent who receives it is entitled to based on the other parent’s income and number of children to be supported. However, there can be special circumstances that justify the court from ordering a standard amount of child support as provided under these tables. Extraordinary expenses can be taken into consideration, including medical expenses or high childcare costs.

What Does the Child Support Order Say?

Every child support order is different, based on the child and the specific aspects of the case. However, most child support orders will state how much weekly child support the mother is required to pay. The child support order may also indicate a different amount that will be withheld due to retroactive support. States vary on how far back they will go when ordering retroactive support. 

The child support order may specify that the parent’s income will be directly withheld from the mother’s paycheck. This step often helps avoid problems with mothers not paying the ordered amount. 

What Do I Do If She Doesn’t Pay?

If the mother refuses to pay court-ordered child support, there may be a number of enforcement options. A contempt of court action can hold the mother civilly or criminally liable for not obeying the court’s mandate. If found guilty of this, the mother may be required to post a bond equal to the amount of child support that she is behind or may have to serve time in jail.

Other enforcement mechanisms include suspending the mother’s driver’s license or professional license, intercepting tax refunds or federal payments, denying passports, placing liens on property and reporting the debt to credit bureaus.

 

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Guest Saturday, 21 April 2018