How long does it take to file child support
How A Child Support Case Works
Either parent can open a child support case, as can a child’s legal guardian. Having an order from a judge for child support to be paid does not automatically open a child support case.
To open a case in California, fill out the online application or visit your local child support agency – agency locations can be found here.
After an application is submitted, the applicant will be contacted by their local office to assist with the process of obtaining a child support order with the court.
There are many benefits to opening a child support case:
- If you do not yet have an order, we provide assistance to both parents through all steps of the process.
- In certain situations, we can help you avoid court completely.
- Once you have an order, we keep official records, protecting both the payer and the recipient.
- We can assist recipients with enforcement of the order.
- We can help payers avoid or resolve negative enforcement actions if you are unable to pay.
See our instructional video below, “How To Open A Child Support Case” for more details on this process.
More Important Information
For information about changes in family status please see: FamiliesChange.ca.gov
Before a child support order can be made, both parents of the child need to be located. There is no guarantee they will be found, but the more information we have, such as the parent’s date of birth and Social Security Number, the easier it will be.
Watch our “Locating a Parent” Quick Tip video below for more detailed information about this step.
After the case is opened, the parent being asked to pay child support will be given a Summons and Complaint packet.
This is legal notification that you have been named in a child support case.
You only have 30 days to respond, or a “default” child support order may be ordered by the judge without your financial situation being considered.
See our instructional video below, “I Received a Summons and Complaint – What Do I Do?” for more information about this very important package of documents.
If you have been served with a Summons and Complaint, and you do not believe you are legally responsible for the child or children you are being asked to pay child support for, you have the right to request proof and we will assist you free of charge. This is either DNA testing to determine parentage (which is more than 99% accurate), or proof that the parents were legally married at the time of the child’s birth.
If you do not request proof, you can still be assigned legal parentage without your consent.
If you would like to avoid going to court, some local agencies offer “Family Meetings” that allow both individuals to meet with a child support caseworker, either together or separately. If both parents can agree on an amount, their signed document becomes the “Stipulated Agreement,” which is filed with the court.
This option may not be offered in all child support offices.
For more on the benefits of this, see our “Family Meetings” instructional video below.
If there is no Stipulated Agreement, a court date will be set. The judge will review the financial and other relevant information from both parties and decide on an appropriate amount of child support to be ordered.
If either parent can get medical insurance, the court will consider that cost in deciding the amount of child support ordered.
Below, our instructional video “How Does the Court Determine a Child Support Amount” includes more information on this decision, which becomes the official child support order.
After a child support order is set, payments are scheduled to begin. There are many options for payment but if the parent ordered to pay is employed, their employer will be required to make those payments by withholding the funds from their paycheck. This is mandated under Federal law for child support orders and does not imply a failure to pay.
All payments are recorded and this can provide security for the parent paying support in case there is any disagreement.
A child support order is a legal court order. Parents who refuse to pay or delay paying their child support face enforcement actions that can include:
- Suspension of their driver’s license or passport
- Revocation of professional and occupational licenses
- Bank and property liens
- Interception of tax refunds
- Interception of lottery winnings
Also, by California 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.
For more on the consequences of unpaid child support, see our instructional video, “My Driver’s License has been suspended due to child support. How can I get a release?”
If either parent or guardian has a change in circumstances after a child support order is set, which could be losing a job, changing jobs, or a change in custody or visitation, the order may qualify for modification.
Your local agency or the Family Law Facilitator at your county courthouse can assist with this.
There are many reasons why a child support case can be closed. The usual one is that the youngest child reaches the age of 18, is no longer a full-time high school student, and no past-due balances are owed. At that time both parents are notified by the child support agency, and the case stays open for 60 days after this notification.
All records are maintained for at least four years and four months in accordance with federal law.
For more information about the Child Support Process, visit and follow our YouTube channel:
For more information on changing family status please see: FamiliesChange.ca.gov
How Long Does It Take To Get Child Support In Colorado?
Raising children is a huge financial responsibility. For instance, an average middle-income couple with two children spends around $12,980 per child annually. That’s about $233, 610 to raise a child to adulthood. But if both parents are present in the child’s life, they can depend on each other to provide for their children.
Here at Brighter Day℠ Law, our Colorado Springs child support attorneys are dedicated to helping parents protect their kids. We do this by helping parents get fair child support orders. Learn more about child support laws below and become informed about your child support rights.
Table of Contents
- How Does Child Support Work?
- Child Support Checklist
- How are Child Support Payments Decided?
- How Long Does the CSEA Take to Approve or Deny A Request for an Administrative Review?
- How Long Does the CSEA have to Finalize the Administrative Review?
- Need Help To Get Child Support in Colorado?
How Does Child Support Work?
The child support process starts when you apply for child support services.
Also, the process begins when your local child support office gets a referral from another public assistance program. Once the process starts, your local child support office then works to locate the other parent, formalize the child support percentage legally, set the order, and give the collected funds to the custodial parent. Because every state is different it’s crucial to contact your local child support office to know about the child support process as it applies to your case.
Child Support Checklist
The daily stresses of being both a parent and a provider increases as your child grows older. So, it may be time to ask your ex for financial help. If you want to ask for child support, here’s a checklist outlining how to request and receive child support payments:
Locate Your Child’s Other Parent
The first step in requesting child support is knowing the location or whereabouts of your ex, including their address, employer, and other contact information. This step is crucial because Family Law Courts cannot order child support payments without this information.
If you don’t know your ex’s whereabouts, you’re eligible for free help to locate them through your state’s child support services agency. These state agencies have many resources through which they find your ex’s location, including the Federal Parent Locator Service, utility companies, credit reporting agencies, and the United States Postal Service.
Related: How to file for child support?
Determine Paternity
If you and your child’s other parent weren’t married when your child was born, or if the identity of your child’s father is in question, you must establish legal fatherhood or paternity. Sometimes, DNA testing is used to establish paternity, while other times the father may sign an acknowledgment of paternity. Generally, you must establish paternity before the court can determine the issue of child support or custody.
Agree on Child Support Payment Terms
Next, you will have to go to court to get a child support court order.
However, you and your ex can always reach a child support agreement on your own without involving child support services agencies or the courts. This is known as child support by agreement. But this agreement isn’t legally binding, and if your ex refuses to pay, a court cannot enforce your agreement, and getting child support payments might be difficult.
However, if you have a court order and your ex refuses to pay, the court can impose fees and penalties on them. Also, the child support services agency has many ways it can use to enforce the court order, including suspending driver’s and professional licenses, intercepting tax refunds, and reporting the violation to credit reporting agencies.
To request a court order in Colorado, you must file a petition with the court. Then, the court will determine the amount of child support that you should get by referring to the Colorado child support guidelines. While Colorado courts use these guidelines when making child support determinations, they’re also allowed to deviate from the formula if it would result in an unfair outcome to one or both parties.
Alter Terms of Child Support Payments
After getting a court order, you can then ask the court to increase or decrease the amount of child support you receive if conditions in your life or your child’s life have changed. This is known as a request for a child support modification. However, it’s crucial to note that courts usually require that changes in life conditions be significant or major, such as losing a job or a medical disability.
How are Child Support Payments Decided?
The Colorado Child Support guidelines are designed to make sure that a fair share of both parent’s income and resources go to their child. The guidelines use a formula based on what both parents would have spent on the child if they hadn’t broken up.
A Family Law Judge or the Child Support Commissioner sets the amount of a child support order. Child support amounts are based on both parents’ income and can be money, property, or services, including:
- Job wages
- Bonuses
- Commissions
- Independent contractor income
- Interest income
- Dividend income
- Rental income
- Unemployment benefits
- Department of Veterans Affairs disability payments
- Disability and worker’s compensation income
- Social security or pensions
- And any other payment that becomes due, such as lottery winnings and insurance payouts.
How Long Does the CSEA Take to Approve or Deny A Request for an Administrative Review?
Once the CSEA receives your request, it determines if it’s approved or denied within fifteen days. If you’re a member of the military and your request for an administrative review is because you’ve been called for active duty that will last for over 30 days, the CSEA will determine if your request is approved or denied within three business days.
Related: Is it worth getting a lawyer for child support?
How Long Does the CSEA have to Finalize the Administrative Review?
From the day the CSEA receives your request, it has 180 days to finalize the review and mail the results to both you and your ex. If the CSEA doesn’t have a valid mailing address for both parties, the CSEA has 180 days from the day it gets a valid mailing address for both parties to complete the review and mail the results to both parties.
Need Help To Get Child Support in Colorado?
Raising children, especially after a breakup, is one of the most challenging things.
It’s challenging to try to pick up the pieces on your own. Our family law attorneys understand these challenges as they guide you through child support, which is one way to make sure that non-custodial parents fulfill their obligation towards the care of their children. If your child isn’t getting child support, or you need to modify a court order, our experienced Colorado family law attorneys can make sure that your rights are protected.
Here at Brighter Day℠ Law, we offer family law services to the people of El Paso County and surrounding areas. We handle marriage issues like divorce and alimony as well as child support and custody matters. Our team of dedicated attorneys will work with you to determine the most direct way to deal with child support in your case. We will help you through the child support process and guide you in the most cost-effective, timely way. Call us today at (719) 225-4443 or chat with us online to discuss your options.
up to what age they pay, how much percentage of income they can withhold, and what documents are needed to apply for alimony
1.
Who can apply for child support? Alimony is maintenance that minor, disabled and/or needy family members are entitled to receive from their relatives and spouses, including former ones.
A child can count on alimony:
- if he is under the age of 18 and has not yet become fully capable by decision of the guardianship or court. Alimony in favor of a child may be filed by his guardian, custodian, adoptive or natural parent with whom the child remains;
- if he is over 18 years of age but has been declared legally incompetent.
One of the spouses can count on alimony if:
- he needs and is recognized Disabled adults who are entitled to alimony are considered disabled people of groups I, II, III and persons who have reached pre-retirement age (55 years for women and 60 years for men) or the generally established retirement age.0010
- wife, including ex, is pregnant or less than three years have passed since the birth of a common child;
- a spouse, including a former one, needs and cares for a common disabled child under 18 years of age or a child disabled since childhood of group I;
- ex-spouse Persons in need are those whose financial situation is insufficient to meet the needs of life, taking into account their age, health status and other circumstances.
marriage or within five years thereafter, and the spouses have been married for a long time.0010
Also, child support can be received by:
- disabled and needy parents, including stepfather and stepmother, from their adult able-bodied children. This rule does not apply to guardians, trustees and adoptive parents;
- disabled and needy grandparents - from their adult able-bodied grandchildren, if they cannot receive maintenance from their children or spouse, including the former;
- minor grandchildren - from their grandparents, who have sufficient funds for this, if they cannot receive alimony from their parents. After the age of majority, grandchildren can count on alimony if they are recognized as disabled and they cannot receive assistance from their parents or spouses, including former ones;
- incapacitated persons under 18 years of age - from their adult and able-bodied brothers and sisters, if they cannot receive them from their parents, and incapacitated persons over 18 years of age - if they cannot receive alimony from their children;
- disabled and needy persons who raised and supported a child for more than five years - from their pupils who have become adults, if they cannot receive maintenance from their adult able-bodied children or spouses, including former ones.
This rule does not apply to guardians, trustees and adoptive parents; - social service organizations, educational, medical or similar organizations in which the child is kept can apply for child support. In this case, alimony can be collected only from the parents, but not from other family members. Organizations can place the funds received in the bank at interest and withhold half of the income received for the maintenance of children.
2.How to apply for child support?
If there is no agreement between the parties on the payment of alimony or the other party refuses to pay them, apply to the court at the place of your residence:
- to the justice of the peace, if the recovery of alimony is not related to the establishment, contestation of paternity or motherhood, or the involvement of other interested parties;
- to the district court - in all other cases.
If one of the parents voluntarily pays support without a notarized agreement, the court can still collect support from him in favor of the child.
You can file for child support at any time as long as you or the person you represent are eligible.
The plaintiff does not pay state duty for consideration of the case on recovery of alimony in court.
3. What documents are needed to apply for child support?
The child support claim must be accompanied by:
- copies of it, one for the judge, the defendant, and each of the third parties involved;
- documents confirming the circumstances that allow you to apply for alimony. Such documents, for example, may be a birth certificate of a child, a certificate of marriage or its dissolution;
- a single housing document and income statements for all family members;
- calculation of the amount you expect to receive towards child support. The document must be signed by the plaintiff or his representative with a copy for each of the defendants and involved third parties;
- if the claim will not be filed by the plaintiff himself, additionally attach a power of attorney or other document confirming the authority of the person who will represent his interests, for example, a birth certificate.
As a rule, maintenance is ordered from the moment the application is submitted to the court. They can be accrued for the previous period (but not more than three years before the day of going to court) if you provide evidence in court that you tried to contact the other party and agree or the defendant hides his income or evades paying alimony. Such evidence can be letters sent by e-mail, telegrams or registered letters with notification.
4. What is the amount of alimony?
The court determines the amount of alimony based on the financial situation of both parties. Alimony for the maintenance of minor children, as a rule, is:
- per child - a quarter of income;
- for two children - a third of the income;
- three or more children - half of the income.
These shares can be reduced or increased taking into account the financial and marital status of the parties and other important ones, including the presence of other minor and / or disabled adult children, or other persons whom he is obliged by law to support; low income, health or disability of the support payer or the child in whose favor they are collected.
"> factors. When determining the amount of alimony, the court seeks to maintain the level of financial support that the child had before the divorce or separation of the parents. If each of the parents has children, the court determines the amount of alimony in favor of the less well-to-do of them.
In addition to the share income, the court may order child support or a portion of it in the form of a certain amount of money.As a rule, such measures are resorted to when the defendant hides part of his income and a share of his official income cannot provide the child with the standard of living that he had.
In exceptional circumstances - illness, disability of the child, lack of suitable housing for permanent residence, etc. - the court may oblige one or both parents to additional expenses.
The amount of alimony is indexed in proportion to the growth of the subsistence minimum (for the population group to which their recipient belongs).
As a general rule, maintenance withheld from the debtor's income for the maintenance of a minor child cannot exceed 70% of his income. In other cases - 50% of income.
5. Who can not pay child support?
Parents are required to support their children after birth and up to 18 years of age, if the child does not marry earlier or there is no Emancipation - declaring a minor fully capable. It is possible if a minor who has reached the age of 16 works under an employment contract (including under a contract) or, with the consent of his parents (adoptive parents, guardian), is engaged in entrepreneurial activities. The decision on the emancipation of a minor is taken by the guardianship and guardianship authorities with the consent of the parents (adoptive parents, guardian). If there is no consent from the parents, the decision on emancipation can be made by the court.
"> emancipated.
Parents must support the child, even if he does not need material assistance. The incapacity of the parents, the recognition of their incapacity in court or the deprivation of parental rights also does not release from this obligation.
Alimony may be denied: or spouse, including an ex, if he or she has become disabled and needs help due to alcohol, drug abuse, or intentional crime, or has behaved unworthily in marriage, such as gambling;
Memo to guardians, custodians, foster parents on the collection of alimony for the maintenance of wards
I. Sequence of actions.
1) According to Art. 60 of the Family Code of the Russian Federation, the child has the right to receive maintenance from his parents. In the event that parents do not provide maintenance for their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in a judicial proceeding. In accordance with Art. 148 of the Family Code, children under guardianship (guardianship) are entitled to the alimony due to them.
It should be borne in mind that, by virtue of Art. 71 and 74 of the Family Code of the Russian Federation, deprivation of parental rights or restriction of parental rights does not relieve parents from the obligation to support their child.
Art. 145 of the Family Code of the Russian Federation regulates that guardianship or guardianship is established over children left without parental care for the purpose of their maintenance, upbringing and education, as well as to protect their rights and interests.
Thus, in order to protect the property rights of minors, the guardian (trustee), as the legal representative of the child, is obliged to control the fulfillment by parents of the obligation to pay child support. Therefore, if at the time of the establishment of guardianship (trusteeship) alimony from the parents of the ward child was not collected and paid on a voluntary basis, then the guardian (custodian) must file an application with the court for the recovery of alimony. This category of cases is considered by magistrates both at the place of residence of the guardian (custodian) and at the place of residence of the parents (one of them).
2) In accordance with art. 33 of the FEDERAL LAW dated 02.10.2007 N 229-ФЗ "ON EXECUTIVE PROCEEDINGS" enforcement actions are performed by a bailiff at the place of residence, place of stay of the debtor.
The recoverer is a citizen in whose favor or in the interests of which a writ of execution has been issued. The debtor is a citizen who is obliged by an executive document to pay alimony.
Thus, the original writ of execution for the recovery of alimony is submitted by the recoverer to the department of the bailiff service at the place of residence (at the place of stay) of the debtor, or at the last known place of residence of the debtor,
In accordance with Art. 429 of the Civil Procedure Code of the Russian Federation for each court decision, only one writ of execution is issued. In order to prevent the loss of the writ of execution, you must first make a copy and mark the bailiff service on the acceptance of the writ of execution directly on its copy. It is also necessary to write an application with a request to initiate enforcement proceedings and attach to it a copy of the savings book opened in the name of the child.
3) In accordance with art. 84 of the Family Code of the Russian Federation for children left without parental care, alimony is paid to the guardian (custodian) of the children or their adoptive parents.
Thus, if guardianship is appointed after the issuance of a writ of execution on the recovery of alimony from parents deprived of parental rights, then in accordance with Art.
44, 203 of the Civil Procedure Code of the Russian Federation, it is necessary to apply for a change in the procedure and method for executing a court decision. This application is submitted to the court that issued the decision on the recovery of alimony. The court issues a ruling on the replacement of the recoverer, which is sent to the parties in the case. This determination must be submitted to the department of the bailiff service, in whose production enforcement proceedings have been initiated.
4) After submitting the application and the original of the writ of execution to the bailiff service, the bailiff initiates enforcement proceedings, about which a “Decree on the initiation of enforcement proceedings” is issued, which is sent to the parties ..
5) You need to know that in accordance from Art. 50 of the FEDERAL LAW dated 02.10.2007 N 229-FZ "ON EXECUTIVE PROCEEDINGS", the parties to enforcement proceedings have the right to familiarize themselves with the materials of enforcement proceedings, make extracts from them, make copies of them, submit additional materials, file petitions, participate in enforcement actions, give verbal and written explanations in the process of performing enforcement actions, give their arguments on all issues arising in the course of enforcement proceedings, object to the petitions and arguments of other persons participating in enforcement proceedings, file challenges, appeal against the decisions of the bailiff, his actions (inaction ).
6) At the request of the party in the enforcement proceedings, the bailiff issues a ruling on the calculation of alimony arrears. As necessary, in accordance with the plan for the protection of the rights of the child, a copy of the resolution on the calculation of alimony arrears must be submitted to the personal file of the ward
II. Alimony has not been received for a long time - what to do?
In accordance with the legislation of the Russian Federation, the main task of bailiffs is the enforcement of a court decision that has entered into legal force. In order to implement the above task, the bailiff requests from the tax inspectorate, the pension fund and other organizations information about the debtor's earnings and other income, bank accounts or property that can be foreclosed. Thus, if alimony is not received on the child’s account for a long time, this means that the bailiff cannot find the debtor, or his income or property, which can be foreclosed.
In this case, the legislation provides for certain opportunities for the bailiff, however, as a rule, these actions are performed by the bailiff only at the request of the claimant.
1) If the bailiff cannot find the debtor (the debtor does not live at the place of residence or at the place of the last known place of residence).
In this case, the bailiff, on his own initiative or at the request of the recoverer, issues an order to search for the debtor, which is approved by the senior bailiff.
2) If the bailiff cannot find the income or property of the debtor.
If the bailiff cannot find the debtor's income or property that can be seized, this can only mean that the debtor is deliberately hiding from the obligation to pay alimony. In this case, the legislation of the Russian Federation provides for some restrictive measures, as well as the liability of the debtor for failure to comply with the court decision.
In accordance with art. 67 of the FEDERAL LAW dated 02.
