Financially supporting a child is a significant legal responsibility for any two parents, no matter their relationship status. Child support is a way of ensuring that each parent’s financial share of raising the child is fair and equitable. The purpose of child support—a series of ongoing, regular payments by one parent to the other for the benefit of the child—is to maintain a consistent standard of living for the child regardless of which parent has primary custody of the child. Both parents are supposed to contribute to the best of their ability until the child becomes an adult. How Much Child Support You’ll GetEvery state has guidelines for determining child support. For example, in some states, courts determine the amount of support a parent should pay by simply using a percentage of the parent’s income. Other states’ calculations are more complicated. For example, some states evaluate each parent’s income and expenses, the amount of time each parent spends with the child, and the number of children that the parents are legally obligated to support. What to Do When You Agree With Your Spouse on Child SupportWhen parents agree they are both legally responsible for a child and are willing to work together, they can often formulate their own plan for child support. Most states have approved child support calculators online that parents can easily access to determine the right amount. Zero Support AgreementsNote that because child support is considered to belong to the child, a court or child support agency typically won’t approve an agreement for zero support unless there are extraordinary circumstances. A judge won’t, for example, okay any agreement where child support was used as a bargaining chip, as where one parent agrees to waive child support in exchange for the other parent agreeing to a certain custody arrangement. On the other hand, if, for example, one parent is medically unable to work and as a result can’t provide any financial support, the court might find this to be a good reason to approve an agreement for zero support. Using Mediation for Child SupportIf you and the other parent are trying to work out child support but can’t agree on a final number, child support mediation might help. In child support mediation, a neutral third party guides the parents through a discussion of the child support guidelines and how they apply to the parents’ situation. Finalizing Your Child Support AgreementWhether you negotiate on your own or get help from a mediator, after you and the other parent agree, you’ll need to present the final child support agreement to the court or the state child support agency for approval. Once the agreement is approved, it will be converted into an order to make matters formal. Don’t neglect to have the agreement entered as an order: Even though you might be on good terms now, making it official is the only way to ensure both parents continue to comply should the relationship turn sour. How Do I Apply for Child Support?The process for applying for child support depends on whether you were ever married to your co-parent. Who Will Decide Child Support in Your Situation—a Court or an Agency?When you’re divorcing the other parent, a state court will make child support decisions as part of the divorce. When you’re not married to the other parent, though, child support orders and enforcement can be handled by the state courts, a state agency, or both. How to Apply for Child Support When You’re Getting DivorcedIf you are getting a divorce from your co-parent, you’ll need to ask the court to evaluate support in your divorce petition (request). Here’s how that process usually goes. 1. Separate From Your Spouse 2. Request Child Support in Your Divorce Petition 3. Provide Financial Information to the Court 4. Appear in Court if Necessary How to Apply for Child Support When You Aren’t MarriedIf you never married your child’s other parent or got divorced without a child support order in place, you’ll need to apply for a support order. Each state has its own procedures for applying for child support in this kind of situation. For example, in some states you might have the option of applying directly to a state agency while in others you might have to get a court order for support. Your state’s child support enforcement program is the best source of information about how to apply. Step 1: Open the Case Step 2: Locate the Parents Step 3: File a Summons & Complaint Step 4: Establish Legal Parentage Step 5: Create a “Stipulated Agreement” Step 6: File the Support Order Step 7: Make or Receive Payments Step 8: Enforcing the Order Also, by Utah state law, unpaid court orders get charged 10% interest. As a last resort, civil contempt charges may also be filed. If you have trouble paying your child support, talk to your local agency right away. There are programs available to help parents who are trying in good faith to pay their support. Step 9: Modify the Order (if changes are necessary) Step 10: Closing the Case Essential Child Support DocumentsWhether you’re filing for child support services for the first time, requesting an official child support modification, or just updating your current contact information, as the petitioner, you’ll want to have the following documents ready and available. • A valid photo ID, such as your driver’s license or up-to-date passport Depending on the method and the status of your application, you will either submit scanned copies of these documents securely online or print or mail or drop off paper copies to your local child support office. Some states require original documents. Again, check with your local office for specific guidelines in your area. Helpful Child Support DocumentsThere are a number of additional documents that may also be helpful when you file for child support. If the following are available and pertain to your child support case, you should plan to bring them to every appointment at your local child support agency or have them handy if you are completing an online application: • Proof of paternity, such as an affidavit or the results of a DNA test If you’re paying child support and you’re on the basic rate of child maintenance, the amount you pay will depend on the number of children you’re being asked to pay for. The figures below assume that your children stay with the parent who receives child maintenance all the time. • One child, you’ll pay 12% of your gross weekly income How Shared Care Affects Child SupportMany parents decide to share the care of their children. If your children spend some time with the paying parent, this will reduce the amount of child maintenance he or she pays. There are different ‘bands’ which determine how much child maintenance is reduced by. The amount of child maintenance is reduced for each child who spends time with the paying parent. If over the year your child is with the paying parent between: Paying For Children From Another RelationshipIf the paying parent’s gross weekly income is between £200 and £3,000, and they pay child support for other children, this is taken into account when working out how much they should pay. The Child Support Service simply reduces the amount of weekly income that it takes into account. For example, if the paying parent is paying for: • One other child, their weekly income will be reduced by 11% Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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