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Laws for Applying for Child Support

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    File a Court Case

    • Laws pertaining to seeking child support require you to file an appropriate case to establish a child support obligation. The types of cases that permit you to apply for child support are divorce, legal separation, paternity, guardianship or a child in need of care action. Generally speaking there is no free standing "child support case." Child support is sought and ordered as part of another type of judicial proceeding. These types of cases are commenced through the filing of a petition (petition for divorce, petition for paternity and so forth). Court clerks typically maintain forms and samples of these types of petitions for use by people not represented by lawyers.

    Motion for Child Support

    • A key document necessary to applying for child support is a motion for child support. Typically a clerk of the court maintains forms or samples of a motion for child support for your use and guidance.

      The motion is filed as part of the underlying divorce, paternity or other type of proceeding. In the motion for child support you set forth the legal reason why child support is to be paid.

    Child Support Worksheet

    • Over the past two decades, child support laws across the country were amended to provide for a standardized procedure to determine the amount of money to be paid. At the heart of these developments is the creation of child support worksheets. Child support worksheets provide for the calculation of a child support obligation based on the income of both parties, which parent has primary residential custody of the child and what other child related expenses are incurred by one or another of the parents. At the time of applying for child support, the parent seeking such an order from the court must complete a child support worksheet. The child support worksheet is attached to the motion for child support as an exhibit.

    Legal Representation

    • Due to the complicated nature of child support issues--and the cases in which child support issues arise--your interests likely are best served retaining an experienced attorney. A qualified lawyer can assist you in applying for and obtaining an order of child support. Although local and state bar associations cannot make a specific recommendation of an attorney to represent your interests, these organizations do maintain directories of attorneys in different practice areas, including child support issues. Contact information for these groups is available from the American Bar Association.

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