How to get child support from mother

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

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.

The mother asked to be released from her alimony debt, and she was deprived of parental rights

Olesya Osmolovskaya

Lawyer for family affairs, law office “Right to a Family”

December 22, 2022

Tips

“The woman hasn't seen her son for 6 years, she didn't pay alimony, but she regularly received child allowances. After trying to get rid of the alimony debt through the court, she lost her parental rights, but not the obligation to support the child,” said Olesya Osmolovskaya, the lawyer of the boy’s father

The beginning of a family drama: the child stayed with his father

This story began back in 2014. A man approached me with a request to help him achieve in court the determination of the place of residence of his 9-year-old son with him. The boy had already lived with his father for about a month, and he did not want to give the child to his mother.

The man collected an impressive package of medical documents that confirmed the child's illness and his need for special care. I had to prove that the mother did not provide such care. A year later, the court determined the place of residence of the child with his father. nine0003

The denouement of the drama: the mother was deprived of parental rights

In 2021, the man again turned to me for help, this time with a request to protect the interests of him and his son. He explained that the child's mother had filed a lawsuit to release her from the repayment of alimony arrears and change their amount.

Recommendations

Deprivation of parental rights does not release the parent from the obligation to support his child. At the same time, he loses the rights based on kinship with the child, including the right to receive maintenance from him, the right to benefits and allowances that are due to parents. And the child retains the right of ownership to the dwelling or the right to use it, the right to receive an inheritance (Article 71 of the RF IC). nine0003

Before filing a lawsuit to deprive the mother or father of parental rights, read Art. 69 RF IC. It contains a list of grounds for deprivation of these rights: evasion of parental duties, abuse of parental rights, child abuse, crimes against the life or health of a family member, alcoholism, drug addiction, etc.

These grounds will have to be proven in court. Deprivation of parental rights is an extreme measure, and if there is not enough evidence, the court will not satisfy the claim. nine0003

Photo: photo bank Freepik/@studio4rt

4 practical tips if your marriage is on the verge of divorce you need to do to get the maximum amount of alimony after a divorce.

Alexandra EGOROVA

Disputes over child support is one of the most painful topics during divorce, which is not easy to go through. To keep a cool head when the family is collapsing, it is possible, frankly, few. Mutual accusations, curses, and often threats are used. Discussing money matters in such a situation is very problematic. To pull ourselves together and calm down, let's try to act on the points. There are a lot of myths about alimony among the people - but here's how you really need to act. nine0059

1. Try to negotiate with your ex-spouse

Yes, it is difficult, and sometimes very difficult. But this is the first step in the list of actions that will help you get more alimony in a divorce. As you know, according to the court, the approximate amount of alimony is calculated as follows: 25% of the spouse's salary for the maintenance of one child; 33% for two and 50% goes to alimony for three or more children (by the way, this formula has remained unchanged since 1936, when it was established). nine0003

Before submitting an application, try to sit down with your ex-husband at the negotiating table - perhaps in the end you will still be able to find a common language, and the amount of payments will exceed these notorious 25 percent (at the same time, according to the court, it can be reduced in a number cases). And don't just rely on words. The ex-husband swears that he will not leave an heir - excellent, go to the notary's office and conclude an agreement in which the amount of payments will be prescribed. If suddenly your story does not have a good ending, go to court with this document. nine0003

2. Do not give in to blackmail

Unfortunately, it also happens: a husband begins to blackmail a woman in the literal sense of the word. Like, agree to what I propose, and if you swing your rights, I’ll bring a certificate from work that I work as a janitor and receive a “minimum wage”, even if they calculate your alimony from it. This is not worth leading. Firstly, when assigning alimony, it is the total income (salary, fees, additional remuneration, earnings, etc.) that is taken into account, and not the official salary for the position. True, the presence of "gray" profit from a negligent spouse will have to be proved in court. How to do it? You can, for example, try to imagine the purchases he paid for recently, which could not be purchased with the declared "beggarly" salary. Arm yourself with evidence that your ex-spouse maintains a fairly high standard of living. In addition, do not forget that you can also collect alimony from property - apartments (if this is not the only housing), cars, etc. nine0003

3. Deal with income

And if there is no talk of intentional concealment of salary, but also a fixed monthly income from which those very 25% could be written off, does the father of the child not have? Maybe he's a creative freelancer and lives on royalties from occasional projects that come and go. Then you should think about alimony in the form of a fixed amount. It is set regardless of the level of income (which in this case cannot be precisely determined), in proportion to the subsistence minimum in the country or region. There is also a minus - alimony can be very small, because, according to the law, it is necessary that the defendant himself should not be left without a livelihood. But you can prove in court that in marriage the father spent significant amounts on the child - for example, he paid for a private school. This will give grounds to demand more significant payments, only, of course, all expenses must be documented. nine0059

4. Learn your rights

A parent's financial contribution to a child's life is not limited to once a month only. For example, in the Family Code (Article 86) there is such a thing as “additional expenses for the maintenance of a child” - these are funds that are paid ABOVE child support. They can be demanded in an emergency - for example, if money is needed for serious treatment or the necessary rehabilitation of a disabled child. However, sometimes even utility payments for housing, the owner or one of the owners of which is a child (the latter is important), act as "additional costs". Everything here will depend on how competently the rationale is drawn up - why the actual alimony for the "communal" is not enough and in what amount more payments are needed. nine0003

You can also increase the amount of support already determined and paid. According to the law, this is theoretically possible in the event of a sharp decrease in the income of the parent with whom the child lives after a divorce (for example, the mother was fired from work), or, conversely, a serious increase in the income of the payer. But, again, you will have to substantiate your financial claims very competently. And also, alimony assigned in a fixed amount (not as a percentage of income) is subject to indexation - if its procedure is not established by the agreement concluded by the spouses, then it is carried out in proportion to the increase in the subsistence minimum. nine0003

Another important point is that alimony can also be demanded for an adopted child (art. 137 of the Family Code). The procedure for their determination and recovery will be exactly the same as in the case of native children.

STAY INFORMED!

How to apply for child support

If you cannot reach an agreement on child support, you need to apply to the Magistrate's Court. What documents will be needed:

statement of claim;
child's birth certificate; nine0108
marriage and divorce certificate;
copy of passport;
certificate of family composition from the housing office at the place of residence of the evading parent;
photocopies of all documents, including the application.

If it is difficult to accurately determine the father's income, along with the application, you must provide an estimate of the funds that, in your opinion, will be required for the maintenance of the child and documentary justification for these expenses.

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child support for a child

How to get child support for a child from her ex -husband and why elderly parents sue their children

9000 What to do, what to do, if the ex-husband does not pay alimony

In fact, evading the payment of alimony may well entail criminal liability (the maximum penalty is imprisonment for up to a year), if the debt is very high. As for the administration, it is possible to seize bank accounts or property of a defaulter, deprive him of his driver's license. In addition, the violator of the law may be restricted from traveling abroad. For late payments, a fine is also provided - 1/2% of the amount of debt for each day of delay. nine0003

And, by the way, such obligations do not have a statute of limitations - that is, you can demand money from the father of your child for his maintenance, even if the father appears ten years after the divorce (provided that you received a court order to collect alimony, when your common son or daughter was a minor).

But what to do if you have a court decision, but dad still refuses to pay? In this case, we go to the bailiff service with a statement about the need to start enforcement proceedings. Further, the bailiff can launch the measures mentioned above: arrest of accounts, travel restrictions, etc. It is important for the plaintiff himself not to yawn here - you need to constantly be in touch with the bailiff in charge of your case, provide additional information about the debtor's sources of income, if you have any.