1. What factors determine the amount of child support? While it depends from state to state, generally speaking the amount of child support ordered is largely based on the income of the parents, although it will take into consideration the reasonable needs of the child as well. The courts will take into consideration the parental incomes, and other factors, so as to allow the child the same quality of life had the parents not filed for divorce.
2. What can I do if I don’t agree with a child support order? Either party may file a petition to modify the court order. You must contact the domestic division that is responsible for your case and request a petition for modification and domestic relations affidavit. Once you have completed the required paperwork, you will be given a hearing date.
3. How do I find out what the other parent is earning? You may contact the other parent once a year and ask for official documents, such as tax returns and pay stubs to show their annual gross income. The other parent is required to supply the requested documentation within thirty (30) days. You are then required to supply the same information in return within the same timeframe. 4. How long does it take to receive payments? This question is hard to answer and is different from case to case. There are many different factors involved and some cases might be more difficult when an absent parent is involved. Once an order of support is filed, an income withholding order can be sent to the employer, and payments can begin within a matter of a couple of paychecks. If two states are involved, it might take longer to take effect. If the parent has not been located or the parent is not employed, then additional measures through the courts or through private collection and locating agencies might have to be employed, extending the time for receipt of your payments. 5. What about retired military members? If your ex-spouse retired from the military, then he/she is receiving retirement checks on a monthly basis which can be garnished for back and/or current child support.
6. How long does the duty to pay child support last? Parents are obligated to pay child support until their child reaches the age of 18, or graduates from high school, whichever occurs last. If the child is emancipated, or otherwise ceases to attend high school before he/she attains the age of 18, then the obligation to pay support may cease as well. However, if the child has a mental or physical disability, the obligation to pay child support may be ordered to continue.
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 Attorney Tina Cox-Vega |
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