When you receive a petition child support, you need to know how to respond appropriately to it. Child support is considered to be a fundamental right of every child. If you have a child, the court believes that it is your legal and moral obligation to support the child and will make you do so with required child support payments.
Receiving a Child Support Petition
If you receive a child support petition, you must comply with the instructions on that petition. In many cases, you will need to appear in court on a certain date. At this court hearing, the court will look at your income, the income of the other parent, the amount of time the child spends with each parent, and any other special circumstances such as time in day care or special medical expenses that must be paid for for the child. The court will then determine how much child support must be paid on the basis of these factors and based on what is in the best interests of the child.
If you receive a child support petition:
- You need to appear at the hearing and bring with you any evidence of income or other documents the court has requested
- You may request a paternity test, if applicable, in response to a request for child support. If such a test is requested (most often in cases where the two people involved are not married) then the child will have to submit to such a test before child support payments can be made
If you fail to show up or fail to pay child support as requested by the court, then child support payments can be ordered and the court can take measures to collect the money due. Measures to collect unpaid child support include garnishing your wages (taking money right out of your paycheck before it ever even gets into your hands). In some states, if you fail to pay court mandated child support, your drivers license may also be suspended and you may face other legal actions.
Getting Help
Any time you receive legal documents or requests to appear in court for any reason, it is imperative that you talk to a lawyer. This is also true in child support situations, as an experienced lawyer can explain the rules for the state where you live and can assist you in doing everything possible to protect your rights during the process of determining child support.
