Have you recently found yourself in need of child support due to divorce or separation? If so, it is best to educate yourself and learn about your legal rights. During any divorce or separation, child support is mandatory if minor children are involved. In order to speed up your child support order, it is best to know the necessary steps in filing a child support case.
Steps to Receiving Child Support:
- Open a child support case
Either parent can reach out to their local Child Support Division office to receive information on how to open a case and file a child support application form.
- Locate the noncustodial parent (NCP)
In order to obtain a support order, establish paternity, or enforce the order, the noncustodial parent must be located. Either a home or work address is needed.
- Establish paternity
Before a child support order can be created, paternity must be established. To establish paternity the father must admit or be proven to be the father.
- File a support order
During this process, a court will consider the income of both parents, the number of children, and medical insurance availability in determining the support amount.
- Set-up payment
Depending on your state requirements will determine if the child support payment must be deducted from the noncustodial parent’s paycheck or if another way is deemed acceptable. Either way, it is essential to keep records of the payments made to prevent issues.
- Enforce the support order
Anytime the full child support amount is not paid, enforcement action is necessary. When a noncustodial parent does not follow the child support order, he or she can be found in contempt of court. If this were to occur the custodial parent could sue the noncustodial parent resulting in wages garnished or driver license blocked.
- Review the order
A review of the child support order will be completed per the requirements of your state. However, both parents have the right to request an early review if substantial changes have occurred.
*It is important to remember these steps can vary from state to state and should only be used a basic guide*
Requesting a Legal Paternity Test
To obtain child support or custody, legal paternity testing is required. The following people may request a legal paternity test:
- Alleged mother
- Alleged father
- Legally recognized mother
- Legally recognized father
- An adult child
- A minor child’s representative
- Legal guardian or custodian
- Government social services worker
- Prosecuting attorney
Legal Paternity Testing Requirements
When a paternity test is needed it is imperative to know the differences between a legal paternity test and a home paternity test. Courts in the United States will not accept the results from a home paternity test in a child support or custody case. A home paternity test is generally for personal information only or to give you peace of mind. Whereas, legal paternity test results can be used in court for child support, child custody, adoption, and inheritance rights cases.
Do you need a legal paternity test?
Mednovations offers legal paternity testing and works only with American Association of Blood Banks (AABB) accredited labs. When legal paternity DNA testing is completed by an accredited lab, DNA results are 100% accurate. Contact us or schedule an appointment online today.