Child Support Laws

Child support laws are serious and vary widely from state to state. It is our recommendation that you seek professional legal counsel immediately if you are in the establishment phase of your child support order, you have fallen behind on court ordered child support payments, or you have had a significant change in circumstances. For state specific information, please consult your state child support guidelines. Some of the basic child support laws include jail time, revocation of your driver's license, passport suspension or denial, and tax-refund intercept should your court ordered child support become past due. In most states, child support laws prohibit the collection of past due payments prior to the date of filing. In simple terms this means until a judge orders you to pay a specific amount of child support, you will not face any of these penalties for past due support. If you and your ex have a separation agreement or other written child support agreement, you will likely still be held responsible for any arrearages your have accumulated. Furthermore, federal authorities may become involved in child support issues when you have failed to make payments for one year or become more than $5,000 past due on child support payments. IMPORTANT: Child support and child custody are separate issues! In no state is it legal for you to withhold payments because you are not able or permitted to visit your child. Likewise, it is also illegal for cutodial parents to prohibit court ordered visitations because child support payments are past due. Child support establishment laws are also complicated and vary by state. You can visit the calculators section to estimate your child support payments. While guidelines are established in each state, the court can, at its discretion, vary from those established guidelines if they feel it is in the best interest of the child. Those with high incomes or have voluntarily quit one job and since began working a lower paying job should talk to a family law attorney. The establishment phase is the single most important part of child support cases. Everything that happens in the future will revolve around your initial court order. Never miss a court date! Even if you and your ex reach an agreement prior to the court date, make sure you are present for the hearing. Child support cases work like all other civil cases; if you are not in court to present your evidence and defend against any inaccurate information, the court will rule in favor of your ex. This means they get just about anything they ask for in the motion. The safest way to navigate a child support case is through a professional family law attorney. If you can't afford an attorney and decide to represent yourself; remember two things: be present for every hearing and bring written documentaion for everything you want the judge to consider. This includes income information, any extraordinary expenses you pay for the child, your ex's income information, tax returns, etc.