
How is the amount of child support decided?
Most states have formulas to calculate the monetary value of child support based upon your net income each month, your paycheck, tax returns and other financial data. Typical amounts depend on how many children are involved and are broken down as listed: 20% for one child, 25% for two children, 30% for three children, 35% for four children, and 40% for five children If there are more than six children, the rule is no less than 40% of your income. Note: that laws vary by state. Also, if a court believes you're not making as much money as you should, then child support can be based on your earning potential rather than your current income.
Can I be put in jail for not paying child support?
Absolutely! In the U.S. there are laws in place to protect the custodial parent
which allows for any person who has failed to pay child support to be arrested
and held in jail for contempt of court. In addition you may be fined for each
violation separately. I strongly urge you to contact the office overseeing child
support in your state if you can not meet your obligation due to financial hardship
immediately. Tell them your financial situation has changed and they will steer
you in the right direction to get your obligation reduced or eliminated. You must
obtain an order from a judge in order to reduce your child support payments legally.
It's possible to have your child support obligation reduced if you remain unemployed for a longer period of time. You can file an order to change your child support payments based upon the fact you have no employment. Once you find a job, you must notify them that you're gainfully employed right away. Failure to report earnings can result in loss of your driver's license, garnished wages and/or even a prison sentence. If you''re prosecuted and imprisoned for non-payment of child support, this is a felony. WARNING! If you're not a U.S. citizen you risk being deported back to your home country if you fail to pay child support.
What's the easiest way for me to find out if I have a warrant for my arrest for not paying child support?
The easiest way to check if you have a warrant in your name is to conduct an online search. There you will have instant access to all active warrants and will also be able to search any person's background right from the security and convenience of you home computer. It's easy, confidential and secure.
I've been paying regularly for child support, but have back payments from a few years ago?
Am I still responsible for these payments?
The answer is yes. If you get behind in payments, what you owe can not be taken away or reduced by the court. In some states, the custodial parent is entitled to collect back child support payments even after the child is no longer a minor.
How many years do I have to pay for child support?
In most U.S. States, child support is required through age 18, or upon graduation from high school. If the child goes on to pursue a college degree, expenses are usually paid through a voluntary agreement between parents since the child is no longer a minor.
I can't afford to pay the amount of child support that was issued to me? What should I do?
You have the right to go back to court and ask for your child support obligation to be reasessed. But, you will need to convince the judge that you're not able to make the current payments. The judge will make a decision based upon many factors such as: age and needs of the child(ren); child care expenses; what's in the best interest of the child(ren) involved; and your financial situation. Some states allow the parties to draw up a written agreement that they feel is fair, different from the child support guidelines. If the court agrees, these new terms will then be seen as an enforceable order of the court.
I failed to appear in court for my child support hearing. Can the court order me to pay child support?
Yes! The court can and will order child support with or without you being present. Failure to appear in court will not get you out of your child support obligation.
I failed to pay child support. What are the consequences?
Any number of circumstances can result from failure to pay child support. In most cases you can have your driver’s license revoked, your tax refunds taken away and put towards child support, accrue interest for past-due child support, be denied state loans or grants, be referred to a private collection agency, and last, but not least, be placed in jail and charged with an offense. Again laws vary by state so not all of these situations may occur.
How can I collect child support if the father now lives in another country?
Many states have agreements with foreign countries to collect child support owed to a custodial parent in the Unite States. Contact your state Child Support Enforcement (CSE) office to learn if there is an agreement with the country in which the non-custodial parent now lives. If so, you can work with the CSE Office, who will try to contact that person and collect the payment(s) in question. If the non-custodial parent has assets in this country; such as bank accounts, property, or works for a company that has an office in the United States, it may be possible for the CSE to pursue child support enforcement on your behalf.
If the non-custodial parent is in a country with no agreement in your state or has no assets in this country, the following information may be helpful in trying to obtain delinquent child support:
1. The Office of Overseas Citizens Services in the Department of State, 2201 C Street NW SA-29, 4th Floor, Washington, D.C. 20510, has information on foreign nations and can provide you with a listing of attorneys in those counties who you can hire and specialize in the collection of your child support from a non-custodial parent living outside the country.
2. Have your child support order translated into the official language of the country the non-custodial parent has fled to. Have it authenticated by the consul of that foreign country in the United States to legalize the document.
3. Contact a foreign attorney to get help in enforcing the child support order through the foreign court. Also, the state CSE agencies can certify child support of more than $5000 to the Secretary of Health and Human Services. This information is then given to the Secretary of State to be certified for denial, revocation or limitation of passports, disallowing the non-custodial parent from retuning to the United States unless the child support obligation is satisfied.
Frequently Asked Questions About Child Support
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