Did you know that the average child support payment in the United States is about 430 dollars once every month? This can be something that really helps when providing a consistent standard of living for your child. This duty falls under both parents regardless of who has custody.
If you want more information on child support so that you can ensure your child’s best interests, continue reading. Hobson & Hobson, P.C is comprised of highly trained child support attorneys in Roswell, GA that rely on our special litigation training and over 30 years of combined experience in child custody cases to provide each client with an effective outcome while supporting yourself and your family. Contact us at 770-284-6153 or submit a contact form for us to contact you ASAP.
If you are wondering what is fair to pay for child support, it all depends on what the court decides. The law will analyze each factor in the lives of the parents and child.
Our child support lawyers will help you understand all the deciding factors such as, where the child lives, the cost of daycare, health insurance, other obligations, and age. The amount will be as fair as possible given the situation.
In Roswell and throughout Georgia, there are two ways to decide custody arrangements when a couple divorces or separates. In many cases, the parents will agree regarding custody and visitation on their own, and this agreement is then put into writing and officially signed by both parties.
If parents cannot agree on custody and visitation particulars, then the judge will step in and decide the best arrangements for the child’s interests.
Georgia law recognizes two types of custody:
There are different processes in applying for child support and it depends on whether you were married to the co-parent. If you were not married, you can handle the matter in state courts or agencies.
If you were married you might want to ask the court to evaluate support for your divorce petition by filing a support order. Having a divorce attorney will come in handy and help you through the process, which can be daunting. Here is what the process of filing looks like when you were married:
The only way two married parents can file for child support is if they are living in different households. Some states will require parents to be apart while filing and typically that is the case anyways when dealing with child support and separation.
However, some do not have the ability to live separately. If this is your case, our child support attorneys will help you may need to file an Order to Show Cause to ask for temporary support.
Both of the parents will need to present documents to the court. They take this information to evaluate depending on how you split custody. Make sure the court knows if you have any other biological children. These financial documents will include:
Before finalizing the divorce, both parties usually have to appear in court. This can be a good time to address the child support case at the same time, but they also might require another visit depending on the state you are in.
There are a few more steps you might consider taking if you were not married to the other parent. If it’s the right choice for you, you will still need to apply for the child support order mentioned above. This is what the process looks like for unmarried folks:
The other parent needs to have notice that you are requesting support. Support agencies can help if you don’t know where to locate them. The more information you have like social security numbers or state documents, the more likely they will be able to help find them.
The courts will need to know who the child’s legal parents are and test for paternity. You can bring documents such as birth certificates or identifying papers with both parents’ signatures. If a parent denies paternity they must participate in a DNA test. If a parent fails to show up for a DNA test, the court will assume that they are the biological parent.
The official request for support will have both parents’ information, the child’s information, and details of parentage. You will electronically submit these documents or bring the paperwork to your local court. Make sure to have all of the financial information ready.
This should include things like childcare, healthcare, and any other relevant information the court should know. The more you provide the easier it will be to achieve a fair settlement.
If the other parent may be accusing the other or they may be hiding assets or underreporting information, you can expect there to be hearings. May times if suspicious behavior occurs someone will request an investigation. A judge will dig into the matter and determine what is best in your situation.
After the order is set and determined the payments should start. There are different ways for payment, but if the parent is employed their employer is required to withhold the payments directly from their paycheck. This ensures that there is no failure to pay and is mandated under federal law.
If a parent refuses to pay or can’t make the payments, they may face enforcement action because a child support order is a legal document. These can include:
Even if a parent is not paying what they owe, they are still legally entitled to see the child according to the court order. You can file for a Motion of Contempt which notifies the court and asks the court to make them pay.
If the circumstances have changed and you think you might want to change the child support order, you have options. You can file a Motion to Modify if you make up your mind.
This can increase, decrease, suspend, or terminate child support. If the judge approves the request the change will take place on the date filed.
Child support is intended for the well-being of the child in that it provides a consistent quality of living. Despite divorce or separation, both parents have a responsibility to support the child. Reaching a solution that works for all parties is crucial in doing this.
Reach out to Hobson & Hobson for help in making the best legal decisions so you can succeed in these challenging times.
At Hobson & Hobson, we know that working through a divorce and handling family law issues can be challenging. We bring our extensive experience dealing with child support issues to every case involving children.
For more information or to reach knowledgeable Roswell child support lawyers today, visit our law firm website and fill out our contact form. Or you can call our Roswell office at (770) 467-3275.
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