Contrary to belief, child support enforcement doesn't start with the Child Support Enforcement Agency in your area.
It first begins with an order of support, approved in court.
If you don't have an order of support, there is nothing to enforce.
How do you get an order for child support? You can try to get your local Family Services to assist in getting one.
For the most part, they can only get one if the non-custodial parent has a job in which a "paycheck" is received.
If there isn't any recordable income, the order will be very small.
These agencies usually are not going to investigate allegations of the non-custodial parent earning money "under the table" or the earning potential if unemployed.
If a support order is not established early on, the non-custodial parent may be ordered to pay back child support, beginning at the birth of the child or separation of marriage.
Though it may be costly, a good attorney may be worth the investment, even in this early step.
In some cases, parents may try to negotiate child support without going through the courts.
Child support payments are based on the income and expenses of both parents.
Child support, in the proper amount, will make caring for the child/ children easier for both parents.
Once you have an order of child support, the division of child support enforcement can keep track of you payments.
It is usually best if all payments go through child support enforcement.
This allows for accurate accounting of all payments paid and received.
It is also easier to get support payment records for court purposes.
It would be nice to believe that all parents fulfill their child support obligations and that all calculations are made fairly.
Unfortunately, that is not the case.
If you find yourself not receiving your child support, the only recourse without having to pay a private attorney is to contact your local prosecuting attorney child support division.
It may take many phone calls or letters to get them to pay attention to you and your case.
Depending on the laws, you may be required to go without payment for a certain length of time or a certain dollar amount.
This would be a good time to familiarize yourself with all of the child support laws of your state and the state the order originated in.
Don't assume the prosecuting attorney's office will tell you all the laws that apply to your case or pursue them.
They have many cases, some of which they prosecute fairly, some they don't.
If you are the non custodial parent experiencing inflated payments or are having difficulty making payments due to temporary circumstances, you will need an attorney of your own.
There is very little free help for lowering your payment obligations.
It is also in your best interest to learn the laws pertaining to consequences for not making required payments.
In either situation, you may find massive inconsistencies within the system.
Finding a good attorney is very important.
Inquire about the various laws that apply to your case.
It is vital that you gain knowledge about child support laws and enforcement procedures prior to the consultation.
I have found many attorneys that were unaware of some of the most important laws.
If your attorney fails to apply the appropriate laws for your case and you suffer loss, it is very difficult or impossible to get restitution.
Family law attorneys can be exempt from malpractice suits.
Choose your attorney carefully.