A child support hearing is not something to be taken lightly. An inappropriate decision can bring the payer or payee to a financial standstill. And a parent who feels financially exploited can vent frustration with their children and hurt the relationship. Keep in mind that you must have an open family law case or a case with the local child support agency (CBCA) to apply for child support. Click here to learn how to open a case. IMPORTANT! The local children`s support agency (LCSA) does not represent parents or children. CBCA lawyers are not your lawyers. You are not a legal client and the information you provide to LCSA is not confidential. She continues: „Parents should also bring documentation indicating how much they pay for child care (as this can also be included in calculating child support) and any other health insurance-related information a parent might pay for a child.” Step 4: Submit proof of service: Submit the original proof of service to the court office as soon as possible. This should be done before your hearing. Bring a discarded copy of the proof of service to your hearing. If you are unable to present proof of service before the hearing, bring the original with you to your hearing. Step 5: Go to your hearing: Go to court early.
Find your name in the court calendar. The calendar hangs on the wall outside the courtroom door. Make sure your case is on the calendar. If it is not listed and your papers say it is the correct date and time, show your documents to the deputy minister in the courtroom or go to the calendar writer in the court clerk`s office. Judges know that everyone leads a different life. From your job to your health, you won`t earn the same amount or have the same expenses as everyone else. But if you submit your expenses to family court, you`d better make sure you can secure your claim. One of the most stressful parts of any disagreement between parents, whether they divorce or never marry, is settling a parenting plan and a custody plan. If you add child support, the situation can be even worse. If there is no agreed agreement, a hearing date will be set.
The judge reviews the financial and other relevant information of both parties and decides on an appropriate amount of child support to order. Keep in mind that a family law mediator can help you with your maintenance issues. Even after you ask for a hearing date, you can try to find child support with your child`s other parent, and the family law mediator can help. If you can make an agreement, the moderator can help you draft it and give it to the judge to sign, making it a court order. If you can`t reach an agreement in mediation, you can still go to the judge to make a decision in your case. Before a child support order can be issued, both parents of the child must be located. There is no guarantee that they will be found, but the more information we have, such as the parents` date of birth and social security number, the easier it will be. The most common way to request a child support hearing date is: Ask the CBCA to take over the enforcement of an existing support order in a family law case We asked several family lawyers what they think is important when a parent is preparing for a child support hearing. Here`s what they said.
Step 6: After the hearing: After the hearing, all orders made by the judge must be recorded on court forms. You can ask the judge to talk to the family law facilitator for help filling out the forms. Read the important information in the Child Support Registry Form manual and download the form itself, State Form FL-191. Below, in our educational video „How the court determines a child support amount”, you will find more information about this decision, which will become the official child support order. Any parent can open a support application, as can a child`s legal guardian. A court decision ordering the payment of family allowances does not automatically open maintenance proceedings. Anthony D. Storm of Storm Family Law advises, „Judges like solutions, not problems, so try to frame your request to change child support in a way that makes the court`s work easier.” This option may not be available at all child care locations. Once a child support order has been made, payments begin. There are many payment options, but if the paying parent is employed, their employer must make these payments by withholding the money from their paycheck. This is required by federal law for child support orders and does not mean non-payment.
Whether you are asking for child support or being asked to pay child support, the formal hearing is extremely important. Of the four family law lawyers mentioned above who kindly gave advice, one main point should be very clear. To make a child support order, you or the other parent must apply for a court order, either directly from the court or through the local child support agency. If you want to save yourself a trip to the courthouse, you can combine the two steps and file all the documents at the same time (those to start the application for custody and assistance of minor children, and those with the order to explain the reason (or notification of the application) that prepare for the court hearing at the same time. and then serve them all to the other parent, even at the same time. In some ways, it can be helpful to look at the financial aspect of your child support as a tax audit. To open a case in California, fill out the online application or visit your local childcare agency – agency locations can be found here. As a last resort, charges of civil contempt may also be laid. If you`re having trouble paying child support, talk to your local agency right away. There are programs to help parents who are trying in good faith to pay child support. In addition, under California law, unpaid court orders are charged with 10% interest.
Raymond Hekmat of Hekmat Law & Mediation, P.C. warns: „The court may question some of your expenses if they feel they are not appropriate or if you put your needs ahead of your child. Make sure your spending is as specific as possible and also reflects your child`s needs. „Whether you`re paying or receiving child support, make sure your parental leave is accurate. The number that concerns you, your child and the other parent. This is not a task for estimates. If you have received a subpoena and complaint and you do not believe that you are legally responsible for the child or children for whom you have to pay child support, you have the right to ask for proof and we will help you free of charge.