How do i know if im on child support

Child Support Information | Superior Court of California

What is child support?

Child support is the amount of money that a court orders a parent or both parents to pay every month to help pay for the support of the child (or children) and the child’s living expenses. Child support payments are usually made until children turn 18 (or 19 if they are still in high school full time, living at home, and cannot support themselves).

When is child support ordered?

When a married couple has a child, paternity (legal fatherhood) does not need to be established, since the law automatically presumes the husband is the child's legal father. When an unmarried woman has a child, paternity must be established before a court will order child or medical support, or determine custody or visitation rights.

How is child support calculated?

In making an order for support, the court will determine each parent’s ability to provide for the child’s needs based upon their financial circumstances. The court will use a child support guideline formula to determine which parent will pay support and how much that support will be. The guideline calculation depends on many factors including:

• How much income each parent receives
• How many children these parents have together
• How much time each parent spends with their children (time-share)
• The actual tax filing status of each parent
• Support of children from other relationships
• Health insurance expenses

To estimate how much child support the judge may order in your case, you can use the California Guideline Child Support Calculator.

Can a child support order be changed?

Yes. After a judge makes a child support order, one or both parents (or a local child support agency if they are involved in that case) may want to change the order. The asking party must show that there was a “change of circumstance” since the last child support order was made. Some reasons why a child support order might need to be changed are:

• Income of one or both parties has changed
• One parent has lost their job
• One parent has been incarcerated
• One parent had another child from another relationship
• There have been significant changes in the child custody and visitation (parenting plan)

If the parents (and the local child support agency if involved in the case) can reach an agreement on a new amount of child support, they can complete a stipulation and give it to the judge for signature and have it become a new order.

If you and the other parent do not agree to a modification of child support, you may visit our Resource Center or Family Law Facilitator to find out what your options are.

Once you ask the court to modify the amount of child support, the court will make its decision based on the current circumstances (mainly both parents' income and time-share with the child). If you are not sure whether the change in circumstances will result in an increase or a decrease, you can visit our Resource Center or Family Law Facilitator to help calculate the estimates for you before you file your documents.

How do I enforce a child support order?

In every case ordering child support, the court will order that a wage assignment (garnishment) be issued and served. The wage assignment tells the payor’s employer to take the support payments out of their wages.

When the Department of Child Support Services is NOT involved, both parents can agree that payments can be made in some other way. In this situation, the parents work out how child support will be paid and handle it between them.

If DCSS is involved, they will most likely want an active wage assignment in place with the employer. They will also want all child support payments to go through the State Disbursement Unit.

If you have a child support order, you can contact DCSS and ask them to get involved in the case. They will collect the payments and send them to you. Their services are free of charge.

You may contact the Department of Child Support Services for more information.

How do I respond to a government-established child support case?

When you have been served with a governmental complaint, you have thirty days to file an Answer. If you do not file an Answer, then thirty days from the date you were served with the Summons and Complaint, the County Department of Child Support Services (DCSS) could submit papers to enter a default against you. What that means to you –- whatever DCSS asked for in their Proposed Judgment will become a court order.

What if I don’t know if I’m the dad?

If you have any doubts about whether or not you are the father of the child/ren, NOW is the time to request paternity (DNA) testing. You can easily ask for the DNA test by answering “NO” to the question about whether you are the parent. Then the Department of Child Support will contact you with information regarding how to get the DNA test.

Warning! You don’t have much time to find out if you are the dad. In some cases, if you haven’t found out by the time the child is 2 years old, you may not be able to do anything about it later. If you have questions, you can contact our Family Law Facilitator for more information.

What if the papers aren’t asking about the parentage?

In some instances, the Summons & Complaint from the Department of Child Support simply asks for a certain amount of child support or for health insurance coverage. If the Complaint doesn’t ask if you are the father, then you cannot get the DNA test without a special court order.

What if a parent does not pay court-ordered child support?

If you fall behind in child support payments, you must pay interest on the balance due on top of the amount you owe. Interest charges are added by law, and the judge cannot stop them.

If you owe arrears (past-due child support), it is possible that your court order or wage assignment (garnishment) if there is one, will include an amount in addition to the monthly child support. This additional amount goes to paying off your arrears.

If you are the parent owed support and the other parent is not paying, you can ask the court to take various steps to help you get support. You may visit one of our Resource Centers or our Family Law Facilitator for assistance with this issue.

Child Support | North Carolina Judicial Branch

About

What is child support?

Child support is money paid by a parent for the purpose of meeting the reasonable needs of the parent’s child for health, education and maintenance.

What are the options for arranging child support?

Child support can be arranged in several ways.

• Parents can agree on an amount for child support in a Separation Agreement. See the Separation and Divorce Help Topic for more information.  
• Parents may sign a Voluntary Support Agreement (VSA). A VSA is a child support agreement signed by both parties and then by the judge. Once a judge signs the VSA, it becomes a court order and is enforceable by the court.
• Child support can be arranged through the Child Support Enforcement Agency (CSE).
• The person who wants to receive child support can file a civil complaint in district court.

Who can file for child support?

Any parent or person who provides care for a minor child living in his or her home can file for child support.

Do I have to go to court and request custody of a child before I request child support for a child who lives with me?

If you are caring for a child who lives with you, you do not have to have a court order granting you custody before requesting child support.

Who can be required to pay child support?

All parents are responsible for supporting their children, unless the parent’s rights have been terminated. If a parent is under the age of 18, his or her parents can be obligated to pay child support until he or she reaches the age of 18. Non-parents are otherwise not responsible for child support.

What if the parent or child is not a U. S. citizen?

All children living in the United States are entitled to child support, regardless of the citizenship or immigration status of the child or the parents.

What if there is a joint custody arrangement?

Parents can be obligated to pay child support even if they have joint custody of their children. See below for more information on how child support is calculated.

Can I file an action for child support if the father’s name is not on the child’s birth certificate?

A child support case can be filed against an alleged father even if his name is not listed on the child’s birth certificate.

What if I’m not sure that I’m the father?

You may request a paternity test.

A judge will decide whether to grant your request. If CSE filed the child support case, the agency will require a paternity test. You may be charged for the cost of the test if you are found to be the father.

What if the other person doesn’t let me see my child?

Child custody and child support are separate legal issues. Even if the other party denies you custody or visitation time, this does not affect your obligation to pay child support. See the Child Custody Help Topic for more information about custody and visitation issues.

Can I view the status of my child support case or payments online?

If your case is filed through CSE, you can create an account here to view the status of your case, payments, and any arrears.

Filing

How can I begin a case with the Child Support Enforcement Agency (CSE)?

You can find the location of your county’s CSE office here. Your local CSE office will tell you what information the agency needs to assist you.

Where should I file my case?

A child support case may be filed in the county where the child lives or is physically present or in a county where a parent resides.

Can I get assistance from CSE if I already have a child support case?

Yes, you can request assistance from CSE. Contact your local CSE agency for guidance.

The other parent is not in North Carolina. Can I still get assistance from CSE to obtain child support?

Yes. Contact your local CSE agency for guidance.

What if I don’t know the location of the other parent?

CSE has various tools that may be used to locate noncustodial parents. Providing information about the other parent, such as the person’s date of birth, social security number, or last known address, can assist the agency in locating the person.

Court Process

What happens after a complaint is filed?

The other party must be “served” with a copy of the complaint. You may have the other party served by a sheriff’s deputy or through certified mail. The other party has 30 days to file an answer.

I received a complaint for child support. What should I do?

You have 30 days after receiving a complaint to file an answer with the court. You may hire an attorney to assist you or represent yourself.

What should I expect in child support court?

Many cases will typically be scheduled for the same day. The judge or the CSE attorney will typically begin court by calling the names of everyone expected to be in court that day, and address each case one at a time.

What should I bring with me to child support court?

• If you are the person entitled to receive child support, you should bring any documentation related to expenses paid on behalf of your child.  For example, you should bring day care receipts or medical bills for the children. You should also bring proof of your income.  If you have other children in the home, you should bring documentation to show that the other children live with you.
• If you are the person who will be paying child support, you should bring proof of your income. You also should bring documentation of any payments you have made to the other person or expenses you have paid for the children. For example, you should bring proof of payment of rent, cell phone or car payments for the custodial parent or proof that you have provided groceries, clothing, diapers, etc., for the children.

Do I need to hire an attorney for child support court?

If you are the party seeking child support, you may contact your local CSE to provide representation for you, or you may hire a private attorney. If you are the party obligated to pay child support, you may hire a private attorney to represent you or represent yourself. Court officials, such as judges and clerks of court, cannot give you legal advice about your rights and obligations, possible claims or defenses, or the likely outcome of your case.

When will I start receiving child support?

The first payment is typically due on the first of the month after the judge signs an order for child support.

How should I pay child support?

There are several possibilities if your case goes through CSE.

• In many cases, the judge will set up automatic deductions from your paycheck. If the money is not deducted, you are responsible for making the payments.
• You can make payments online using a credit or debit card or by setting up automatic bank drafts. Visit the ePayments site here to register for an account, or here for more information about online payments and statements.
• You can contact North Carolina Child Support Enforcement for more information about payment options or to make a payment at 1-877-361-5437, and can view additional contact information for the agency here.

If your case was not filed by CSE, a judge will instruct you on how to pay.

What is family court?

Family court is available in some districts / counties in North Carolina. A major goal of family court is to consolidate and assign a family's legal issues before a single district court judge or team of judges.  Parent education programs also may be available. Together, the dedicated family court judges and staff implement policies that promote prompt and just resolution of family law issues. Learn more.

Calculating Child Support

How is child support calculated?

North Carolina’s Child Support Guidelines (find previous guidelines) set the amount of child support that should be paid depending on each family’s financial circumstances. Judges must order the amount of child support set out in the Guidelines unless applying the Guidelines would not meet or would exceed the reasonable needs of the child, or would otherwise be unjust or inappropriate.

How can I estimate the amount of child support in my case?

There are online calculators that allow you to estimate the monthly child support in your case.

• Calculator if one parent has primary custody
• Calculator if the parents have joint custody
• Calculator if the parents have split custody

What if I have other children?

Having other children in your home or paying child support for other children not living with you are factors in calculating child support.

What is the minimum that a person can be ordered to pay in child support per month?

The Child Support Guidelines require a minimum child support order of $50 per month.

Enforcement

What can I do if the other party is not paying child support?

If you are represented by the local CSE agency, you should contact your caseworker. Otherwise, you can file a Motion for Order to Show Cause, requesting the court to hold the other party in contempt.

What are the consequences for refusing to pay child support?

A judge has a number of enforcement options available to address a parent’s failure to pay child support as ordered. Depending upon the circumstances, a parent who fails to pay support as ordered may have wages withheld or be required to serve time in jail.

Modification

When can I get a modification of child support?

Child support orders can be modified after three years, or if there has been a “substantial change in circumstances. ” A difference of 15% or more of the child support paid under an existing order and the amount of child support resulting from the application of the guidelines based on the parents’ current income and circumstances is presumed to be a substantial change in circumstance.

How can I file to modify child support?

If you are represented by the local CSE agency, you should contact your caseworker. Otherwise, you can file for a modification using this form. The judge will hold a hearing on the motion to modify. You should be prepared to show documentation that justifies your request to modify the child support order.

What if I am required to pay child support, but I lose my job?

If you lose your job, you may file a Motion to Modify. A judge will determine how your unemployment impacts the current order of support.

What if I find out that I am not the father?

If you have a child support order and then discover that you are not the biological father of the child, you can file a Motion for Relief within one year of discovering that you are not the father.

Children Age 18 and Older

What happens when my child turns 18 years old?

In general, parents are not obligated to financially support a child once the child reaches the age of 18. Parents are required to support a child until the child turns 20 if the child has not yet graduated and remains in high school. In that case, child support will continue until the child graduates, stops attending school regularly, fails to make satisfactory academic progress, or reaches age 20, whichever happens first. Parents can also be required to support a child enrolled in a cooperative innovative high school (CIHS) program until the child reaches age 18 or completes four years in the program, whichever occurs later. You can see a list of CIHS programs here.

Can parents agree that support will be paid until a child graduates from college?

Parents can agree in a separation agreement or consent order, for instance, to support a child through college or to continue supporting a disabled child. Any valid agreement between the parents is binding.

Am I required to go to court to ensure that child support lasts past age 18?

If your child qualifies for support after age 18, you are not required to return to court to continue receiving child support.

Am I required to go to court to end child support when my child reaches age 18 or graduates from high school?

In general, no. If you have a CSE case, you should not have to go to court when your child reaches age 18 and has graduated from high school.  If you do not have a CSE case and your child has reached the age of 18 and graduated from high school, you can file a Motion to Modify to terminate support.

Can child support end before the child turns 18?

Yes, if the child marries, joins the U.S. military, or is granted emancipation by a court before reaching the age of 18.

Am I still responsible for arrears once my child reaches age 18 and graduates from high school?

Yes. If arrears are owed after the child reaches the age of 18 and has graduated from high school, child support payments continue in the same amount until all arrears are paid.

How to find out child support debt by last name - check child support debt online

There are several ways to see the amount of child support debt. To do this, you can contact the MFC or come to an appointment with a bailiff. In addition, you can find out the debt by last name via the Internet. To do this, you need to use the main website of the FSSP, the State Services portal or the State Payment service.

State payment

State payment online service offers the easiest and fastest way to find out the amount of alimony debt from yourself or another individual. The service does not require registration. To start checking:

1. Go to the State Payments website;
2. Enter the last name, first name and patronymic of the debtor, his date of birth and region of residence. Click "Check";

3. Next, enter the code from the picture and wait for the verification results.

The service will check the FSSP database and provide information about the amount owed by a particular person.

With the help of "Gosoplata" you can not only find out, but also immediately pay the debt using any bank card.

The service has the following benefits:

• Instant payment of legal, tax and other debts;
• Simple and intuitive interface;
• Convenient mobile application;
• Payment information is automatically transferred to databases;
• All transmitted data is securely encrypted;
• Payment receipt is sent to the payer's e-mail immediately after the payment is made.

FSSP website

To find out the debt for alimony through the official website of the FSSP, you need:

1. Go to the site at the link: fssp.gov. ru;
2. In the site menu, select the "Service" section, the "Database of Enforcement Proceedings" category;

3. Next, you need to fill in all the fields marked with an asterisk (*):
   1. Territorial bodies;
   2. Last name, first name;
4. Click the "Find" button to start checking. Next, the system will ask you to enter the code from the picture to confirm that the request is made by a person and not a robot.

If several debtors have the same first and last name, you need to enter the middle name and date of birth for a more accurate search.

As a result of the search, you will see a table where all the necessary information will be presented:

• amount of debt and enforcement fee;
• production number;
• court order number;
• territorial subdivision of the FSSP;
• surname and phone numbers of the bailiff.

On the main website of the bailiff service, you can not only find out the debt for alimony, but also pay it. If necessary, you can pay the debt online through the State Services portal or generate a receipt and pay it through any bank.

Public services

To find out the amount of alimony arrears through the Gosuslug portal, you must first register.

Attention! The search for accruals is carried out according to the data from your personal account.

To see if you have a legal debt, log into your personal account and follow these steps:

1. Select the "Services" section, then the "Authorities" subsection and the "FSSP of Russia" category;

2. Next, open the "Territorial authorities" tab and select the name of the desired department from the list;

3. Select the electronic service “Providing information…”;

4. Next, select the service "Law Debt";

5. Click "Get Service";

You can pay your debt in several ways:

• With any bank card;
• Through Google Pay or Samsung Pay;
• Using an electronic wallet WebMoney, Qiwi, Yandex. Money;
• From a mobile phone account.

You can also generate a receipt and pay it at the bank or at the post office.

How quickly will an entry in the FSSP database be deleted?

If you have fully or partially paid the child support debt, the entry in the Database will be deleted or changed no earlier than 3-7 working days from the date of payment. This is due to the fact that first the funds go to the account of the bailiff unit, and then to the account of the claimant. It takes at least 3 days to process and transfer funds. If the workload is high, it can take up to 7 days to delete or change an entry.

If you have any additional questions, you can personally contact the territorial division of the FSSP. You can make an appointment for a personal appointment through the official website of the bailiff service - fssp.gov.ru.

Kontselidze Ednary Emzarievich Legal Expert

How to find out Alimony Debts?

There are three ways to track child support arrears: via the Internet, with bailiffs or through the MFC . The most convenient way to find out about debts is on the FSSP website and on State Services.

You can find out the debt on alimony at the branch of the Federal Bailiff Service (FSSP) or by calling the hotline. Also, alimony debt can be viewed via the Internet on the official website of the FSSP, through the State Services portal or the State Debts mobile application.

There are two ways to find out the debt on alimony: 1. Personally, in the district bailiff department. 2. Online via internet . In order to find out the amount of the debt by the first method, you need to personally contact the bailiff department at the place of residence.

What is an intentional child support debt?

Alimony arrears are also conditionally divided into intentional and those that arose through no fault of the debtor. Intentional debt for alimony. It often happens that a person can pay child support, but does not want to. Such a debt is called "intentional", and the actions of the debtor - "malicious evasion. " Here are the signs that point to this:

How to collect a penalty for Alimony debt?

If the alimony debt has been formed for more than two months, and there is no lawsuit from the payer to change the amount of alimony, the collector can do the following: Collect a penalty for late payments through the court by submitting an appropriate statement of claim.

How can I find out my child support debt online?

How to check child support debt online

2. Use the Internet service to search for debts in the database of the Federal Bailiff Service of Russia https://oplata-fssp.ru, which contains all debts of citizens to the Federal Bailiff Service of Russia.

How to view the child support debt by last name?