A1ChildSupportInfo.com

Obtaining Child Support

Darren Warmuth — Tue, 06 Jan 2009 21:38:02 +0000

The majority of states have guidelines which establish the support needed to raise and care for children. The income of both parents is considered in determining the percentage which each should contribute. Factors such as which parent has the best medical insurance and who should be permitted to claim the children as dependants on income taxes will be debated. In general, the non custodial parent makes the child support payments. However, this is not true in all circumstances.

Legal custody of a minor child gives a parent the responsibility and right to make decisions regarding education, health, and welfare affecting the child. On the other hand, physical custody entails the right to make minor decisions during day to day life with the child. A parent who is a granted one kind of custody might not be granted the other. If the parents have joint custody, they must work together to make decisions.

According to many state laws, joint custody is in the best interest of a minor child. This would require the child to split their time between the two households. However, because this can be difficult, the child might have a primary home, but spend lots of time at the other as well.

If a court order is issued for payment of child support, this does not ensure it will actually happen. However, there are several ways in which the order can be enforced. The court will have a hearing to find why the party has failed to comply. The defendant is to explain the causes. At the end of this hearing, the party at fault is generally issued another order for the payment and is held responsible for court expenses which were incurred by their delinquency.

If child support is still not received after the second court order, wages can be withheld from the payor’s paycheck. State laws vary, but most have specific procedures to obtain funds from paychecks. However, there is a limitation on the percentage of a person’s wages which can be suspended.

By law, if child support payments are behind by 1,000 dollars or more, child support enforcement agencies must report the information to credit bureaus.

Your child’s life should not have to suffer due a divorce. If you are having trouble obtaining child support or have a concern regarding your child support payments, contact the experienced Boca Raton divorce lawyers at http://www.kleinattorneys.com.

Joseph Devine

Related Blogs

Child Support Payment Sample Letter

admin — Mon, 05 Jan 2009 15:10:36 +0000

Any child support problems that may come about can be taken care of in court by submitting a letter of consideration to the judge. The following are some of the child support payment sample letters that any parent can make. A mother write a letter asking help of what she will do because she cannot afford anymore to pay child support on time. Another one is that her ex-spouse is being late with the child support, the check bounces or sometimes she is only given half of the amount agreed upon, she is asking if she can withhold the visitation.

Regarding the first child support payment sample letter of a mother that cannot pay the child support on time she also explained her reasons that she also has three children that are being supported and one in college, she cannot think of where to find money to support the child, she is disabled and no income at all but the court ordered the maximum payments and did not consider her other children. She is not intending to neglect her child support but the problems occur. In this manner the court advises her to settle changed circumstances to be considered in modifying her child support. She must notify the court of her problems in supporting her family and if she submits a changed circumstance request that is the only time wherein the court can decide about her letter.

The second payment sample letter is from a custodial parent who is having a problem receiving child support from her ex spouse; it is always late and lacking. She is asking if she can withhold visitation of her child. The court says that she cannot withhold visitation because child support and visitation are two separate legal issues. The courts do not like it when one party takes the law in his or her own hands to alleviate problems in child support. The court can charge the offending party, the one withholding visitation with penalties and if your ex-spouse decides to sue for custody, the action of withholding can be held against him or her. He or she can deal directly with each other to solve the problem, he or she must find out the problem that becomes the root of the delayed support. If after dealing with each other and no solutions are found then he or she can go to court and ask the court for support obligations. The court can order wage garnishment wherein the employer will be the one to deduct the child support from the paycheck.

The given child support payment sample letters can give some solution to those concerned who also have the same problem and are ashamed to open up. Wage garnishment is not so much used as a solution unless both parties decide to do so. The most important thing here is the withholding of visitation is not allowed. To avoid problems that will lead to a court hearing and you may be the one to pay for attorney’s fee and other expenses with the court case. Some judges include COLA in their orders when setting child support. Because of this there is no need for modification requests based solely on cost of living increases.

Clifford Young is an accomplished niche website developer and author. To learn more about child support payment sample letter, please visit Paying Child Support for current articles and discussions.

Department of Child Support Enforcement

admin — Mon, 05 Jan 2009 14:56:55 +0000

It is a well known fact that many couples who marry each other and choose to support each other for a life time are breaking their relationships. Such ending of many relationships spoils the life of many children. There are many deadbeat dads and moms who go away leaving their children and partner all alone. These types of children who are left all alone to lead a miserable life are seen with a sight of sympathy. Many times different people give several sympathy quotes which can be very irritating at times. It is the responsibility of the parent who is leaving the partner and children all alone to support them financially so that the child ,may be able to fulfill all his/her essential needs. It is the duty of the parent to support the child up to the age of 18 or till he graduates, whatever comes first. But many parents do not give this financial support to the child and for this very reason the child suffers. Illinois department of child support enforcement takes some strict steps against these types of parents and force them to support their child financially.

The Illinois department of child support enforcement take several steps to collect the overdue child support from the parents who fails to give it in due time. The department has taken several steps for the child support enforcement which includes:

The department requests the court for the suspension of occupation certificates of such parents.
The department also requests the court for the suspension of US passport.
The department also takes various steps for including the child support debt into the parent’s non-custodial credit report.
The department makes agreements with various agencies for collecting the child support payments from the parents.
The department also takes various steps for enforcing the parents to pay the overdue child support.

Taking these severe steps by the Illinois department of child support enforcement has forced many parents to pay the overdue child support. This department actively works for any of the children support case and helps the child in getting his/her support. Every employee of the department is fully devoted to help every single child in getting his/her rights and the department makes full use of all the legal rights and laws to force the parents to pay the child support. This department also encourages people of the society to take some steps against these types of people. The parents which do not provide financial support are penalized heavily and they are also being sentenced to jail for a few days. Their passport and driving license are suspended and they also do not get a government job.

Katie Appleby is an accomplished niche website developer and author.
To learn more about child support please visit You and Your Child’s Relationship Site for current articles and discussions.

Related Blogs

Child Support Horror Story From Missouri

admin — Sat, 27 Dec 2008 17:19:40 +0000

This is a true story. In 2003 I was arrested on the job for non payment of child support and it took me one year, $12,000.00 a bondsman and a good lawyer to get me out of it, so to speak. I’m still fighting to resolve the issue. Let me enlighten you….

In 1987 I divorced my husband and was granted full custody of our 2 children with he being ordered to pay child support in the amount of $200 a month (this was 1987..but still a paltry sum anyway). From 1987 to 1989 I was on WIC, food stamps and had state supplemented healthcare for my children. I also had a caseworker who I was in contact with during this period. In the ongoing process my ex-husband had the occasion to meet with her on what I presumed to be a case-related need. Well, my caseworker and he became more that just acquaintances, and got friendly and married! I was assigned a different worker when this happened. In 1990 I decided to move to the Kansas City metro area for a job opportunity but did not want to move the kids away from the school district and the only environment they had ever known. So my ex, his wife and myself went to a judge in Henry county and got a modification on the child custody and support issues. We agreed to shared custody with the kids living with him in Benton county and releasing all parties from obligation of child support. i.e.: We agreed that neither of us would ask for support. Now the period of 1993 to 2003 was filled with visits with all parties. Ex in-laws visiting ex-husband and vice versa. I enjoyed watching the kids grow and had an active part in their upbringing. There were absolutely no mention ever of child support brought up. I knew that the ex and his wife were on the state welfare roles themselves during this period. They had 5 children between them. What I did find peculiar was that they could afford long expensive vacations for all of them, buy new vehicles every year or so, buy and sell cattle, have a cash-only firewood business AND build a brand new home! I never did so well while I was in the system.

For whatever reason, in 2003 I was on the job when my supervisor came to me and asked me to go with her to the office. There was a uniformed officer waiting for me and led me out in handcuffs. I was read the warrant at the jail…Non-payment of child support in the excess of $5000.00. Cash only bond in the amount of $5000.00. So there I was not only in jail, but with a charge that was utterly ridiculous. I wanted clarification. Were they sure it was me they wanted? There had never been any mention of this. None. Nada. Not even over the Christmas vacation that I had just seen the ex. Not a freakin’ whisper. After my husband borrowed from family and took out a loan at our credit union I was released from jail. The nightmare was only beginning. Since the ex lived in Warsaw, I had to travel every court date 2 hours from where I live. My job wouldn’t put up with all the missed time due to court dates and meetings with lawyers etc., they let me go. I loved this job. Then when you factor in that my husband took off from his job all those court dates, we lost a lot of money that summer. It seems that in 1999, nine years after signing the modification of child support they went to the division of family support services and got their own judgment against me. So, for those 4+ years, child support payments were paid to them by the state and without notice to me. All these years, shuttling back and forth for visits and such not one word was said. I knew they were getting support from the state as I mentioned, I just didn’t know that all that time I was getting billed WITH interest no less, for their lifestyle. I was never served papers, I was never garnished on my job.

NOTHING until the day I was arrested. My case went to the Supreme court of Missouri in December of 2003 and the supreme’s ruled in my favor. The state did not have the right to over rule the judge’s modification in the original order filed in 1990. I was ecstatic! You would think that this would have been the end of the matter. Not so. I ran our credit report in August 2004 and found the state had placed a $15,000.00 judgment against me. I also found out during all of this that he and his wife, my ex-caseworker had been collecting food stamps and continued Medicaid benefits for my two kids after they had moved out of the house. They were and still are bilking the state out of money. I cannot even begin to tell you the amount of time and effort I have taken to square this thing away. I want my money back, I want them made to pay what they have stolen back and I want them to go to jail. She should be penalized the most because of her background in social services. She knew the in’s and out’s and how to get away with this whole scheme. I want my credit restored. I have called, e-mailed, written letters to every available political figure.

Shame on you Claire McCaskill, auditor of our fine state for not caring enough to look into this. Shame on you all. I have heard the battle cry to cut the budget, eliminate excess spending and the spawn of Roy Blunt say that he wants to find those people that are on the systems rolls and who hide assets. I have handed you their names. I have done the investigating. I have paid the price. I have been a lifelong Democrat, have voted EVERY issue, I have served my community and others by being a member of a domestic Peace Corps. I have abided by my commitment to be a responsible citizen. Where is YOUR commitment to looking out for justice? Equality? Shame on all of you for being spineless, incompetent public servants. And shame on me for believing that any of you could right the wrongs and put your words and promises into action.