In divorce cases, child support payments may be determined as part of
the divorce settlement, along with other issues, such as alimony, custody
and visitation. In other cases, there are several steps that must be
undertaken to receive court-ordered child support. Some custodial parents
may hire lawyers to oversee their child support cases for them; others may
file their own applications in their local courthouses.
While procedures vary by jurisdiction, the process of filing a motion
for court ordered child support typically has several basic steps.
The custodial parent, or his or her attorney, must appear at the
local magistrate or courthouse to file an application or complaint for
the establishment of child support. The information required varies by
jurisdiction, but generally collects identifying data about both parents
and the child(ren) involved in the case, including their names, social
security or tax identification numbers and dates of birth. Parents may
also be required to furnish details relating to their marriage and
divorce, if applicable, as well as documents certifying the identity and
parentage of the child(ren). Local jurisdictions may charge fees for
filing such applications, however, if the custodial parent is receiving
any sort of public assistance, these fees may be waived.
Once the non-custodial parent is located, he or she will be visited
by a local sheriff, police officer or process server and served with a
court summons. The summons informs the non-custodial parent that she or
he is being sued for child support. Once served, the non-custodial
parent must attend a mandatory court hearing to determine if he or she
is responsible for child support payments.
In cases where parentage of a child is denied, has not been
established by marriage or is not listed on the birth certificate, or
where paternity fraud is suspected, courts may order or require
establishment of paternity. Paternity may be established voluntarily if
the father signs an affidavit or may be proven through DNA testing in
contested cases. Once the identity of the father is confirmed through
DNA testing, the child's birth certificate may be amended to include the
father's name.
After the responsibility for child support is established and questions
of paternity have been answered to the court's satisfaction, the court
will order the non-custodial parent to make timely child support payments
and any other provisions, such as medical orders, will be established.
