Child support is not alimony. The purpose of alimony is to rehabilitate or support a former spouse. Though the other parent may financially benefit from child support payments, the purpose of the payments is to benefit the children who no longer live with you. Once set, child support payments can only be modified by court order.
The parents’ income. Some states consider only the non-custodial parent’s income, while other courts consider both. Also, some states use “gross” income while others consider only “net” income (income after taxes and allowable deductions, such as taxes and/or union dues). Child support or alimony that either parent receives or is paying from a previous marriage. Which parent is paying for childcare and health care. Whether either parent is responsible for children other than the children from the current marriage. The number of children each parent is supporting and their age. This factor is important because the expenses of raising children do not double for each child you add. Whether either parent lives with a new partner or spouse who contributes to household expenses. If the child is disabled. If your child is disabled, support payments could continue indefinitely if the child is not capable of self-care.
To find an experienced family law attorney, you can visit your state’s bar association website. States often run referral services, which you can call or email.
You have no income. Most states will grant a non-custodial parent’s petition to temporarily suspend child support if the parent has lost his or her job or has become disabled and is in the process of applying for disability benefits. You are being incarcerated. [6] X Research source Some states will allow temporary suspension for incarceration; however, other states will not. The child reaches the age of majority. In most states, a parent can stop paying when a child reaches the age of majority (18 in most states). However, in some states a parent is obligated to pay until the child reaches 21. The child dies. Even at the child’s death, you must petition the court to stop payments. You cannot just stop paying on your own.
You can always ask the court clerk what form you need to fill out. Although the court clerk cannot offer legal advice, he or she should be able to point you to the right form to fill out. If you have questions, see if the court has a self-help center or a family law facilitator. Because family law cases make up such a bulk of the court’s docket, many courts have staff who can answer legal questions and help you fill out forms.
If you can’t afford the fee, then ask for a fee waiver form and fill it out. You will also need to serve notice on the other parent. Typically, notice can be served personally using the sheriff, a professional process server, or someone over 18 who is not involved in the case. Ask the court clerk for the form you need to fill out and how to pay any applicable fees associated with service.
Be sure to bring sufficient documentation to the hearing. Necessary documents will depend on your grounds for seeking to have your child custody payments stopped. If the child has died, then bring a death certificate. If you have no money, then bring pay stubs, bank statements, tax returns, and any other financial information. [11] X Research source
To appeal, you need to have some objection to the judge’s interpretation of the law or the judge’s understanding of the facts. In practice, it is difficult to appeal a child custody order because judges are given discretion when setting the amount you must pay. After securing the appeal form, fill it out and file it. You will probably need to provide notice to the other parent as well.
Courts will look at different factors, depending on state. Michigan, for example, considers: the love and affection existing between the parties and the child; the ability and willingness of the parties to provide food, shelter, clothing, and medical care; moral fitness of the parent; stability of the custodial environment; and mental and physical health of the parties, among other factors. [13] X Research source Among a variety of factors, Kentucky considers the wishes of the child; the child’s adjustment to home, school, and community; the mental and physical health of all individuals involved; as well as the interaction and interrelationship of the child to each parent and to siblings. [14] X Research source To find the specific factors for your state, search online for “best interests of the child” and then your state.
Even if costs are a concern, some attorneys provide “unbundled services,” which means that they will provide limited services such as document preparation, legal advice, or coaching for a flat fee. If at any time you are confused about how to proceed, you should seek out a lawyer’s assistance. To find an experienced, local family lawyer, search your yellow pages or perform an internet search for “child custody attorney” and your city or county.
Some states require an online interview, which helps generate the appropriate forms. You may have to create a username and password in order to access this program.
You can find a notary by visiting your state’s Department of State website. Also, many banks have notary services available for a fee. Many courthouses provide notary services as well. You must bring sufficient personal identification to prove to the notary that you are who you say you are. Acceptable identification includes a driver’s license, a passport, or a state-issued personal identification card.
If you cannot pay the fee, ask for a fee waiver and complete it. Do not be embarrassed to ask for it if you cannot pay. The clerk will also need to sign your summons, which will be returned to you.
You can pay the sheriff’s office to serve them. You can pay a private process server to serve them. You can arrange for a friend or relative (not involved in the case and over the age of 18) to serve them. This person must complete a “Proof of Service” form as well. Arrange for a friend to mail the papers registered or certified mail, return receipt requested, with delivery restricted to the other parent only. You probably cannot serve the papers yourself. If you have questions about acceptable methods of service, ask the court clerk.
To properly seek custody, you should have an attorney represent you in court. Preparation for the hearing could be extensive: you will need a list of witnesses who can establish that it is in the best interest of the child that he or she live with you, and you will need to prepare to testify. For more information on seeking full custody, see wikiHow’s How to Change Child Custody.
recent pay stubs or other evidence of self-employed income. evidence that your familial obligations have changed, e. g. , the birth of another child. medical records, if you have become disabled. the amount of time you spend with the child.
Most courts have pre-printed “fill in the blank” motion forms. You can check with the court clerk to see if they have a form. Also ask if you need any additional forms, such as a Financial Affidavit. You can find relevant forms by visiting this website. If your court does not have a pre-printed form, then use a form as a guide as you draft your own motion. Use the caption information from an earlier motion (from the initial child support case). In the body of the motion, list the reasons why you want the court to reduce your child support. Sign the motion. You will have to provide the other parent with notice. The easiest option is to have the sheriff personally serve the papers on the other parent for a small fee. Ask the court clerk about acceptable service.
The “extras” must be substantial. Simply buying clothes or presents for your child will not qualify as substantial.
Any change in the custodial parent’s financial condition should also be mentioned. If the custodial parent’s income has increased dramatically, then you could ask for a reduction in your payments. As a general rule, changes that would alter the child support order by 10-25% (depending on your state) qualify as sufficiently substantial to warrant filing a petition. [21] X Research source Nolo’s Essential Guide to Child Custody & Support, Emily Doskow (Chapter 9) Some states allow you to petition for a change without alleging a substantial change if at least three years have passed since the prior child support order.
Get the form. Often, courts will have special forms for joint requests. The form may also be called an “Uncontested Motion”[22] X Research source or a “Stipulation to Modify a Prior Court Order. ” Both parents must sign. You also should fill out and complete a Child Support Worksheet. Every state has a worksheet. You can find your state’s by searching on the web. You should have already filled out the worksheet when determining your initial child custody payments.
As the petitioner, you will go first. You will present witnesses and evidence that supports your argument that your child support payments should be lowered. The other parent, as the respondent, will go second. [24] X Research source If you and the other parent mutually agreed to lower the support payments, then you may not have to attend a hearing. [25] X Research source However, you must remember that judge must approve the agreement and is free to refuse to lower your payments.
The easiest adoption to consent to is a step-parent adoption. [26] X Research source If the other parent marries someone, then that person may want to become the child’s legal parent. For a step-parent adoption, you will need to give your consent. [27] X Research source Depending on your state law, you can give consent in a signed affidavit, or you may need to go to court and tell the judge that you consent to the adoption. Understand that when you give up your parental rights you also give up any right to direct the child’s upbringing. You also have no legal right to see the child, though the child’s parents may allow you to see the child, if they want.
To contest paternity, you will probably have to take a DNA test. [28] X Research source If you want to contest parentage, you are strongly encouraged to meet with a lawyer. You may mistakenly, and without knowing it, accept responsibility for a child. For example, if you file a divorce petition alleging that there are minor children, or if you fail to object to your spouse’s allegation that there are minor children, then the court may prevent you from later denying that the child is yours.
Check your state’s website. Many state websites provide users with a searchable state code or a link to the state code on another reputable website. Use the Internal Revenue Service’s State Links page to find your state’s website. Use your favorite search engine. You may locate your state’s code by running a search at your favorite search engine. Search “YOUR STATE code. ” For example, if you live in New York, you would search for “New York code. ” Check with an attorney. It is a risk to abandon your child. First, the state can still garnish your wages if they can find you. Second, the court could put you in prison for non-payment of child support as well as suspend your driver’s license or put liens on any property you own.
