Filing For Child Support
When it comes to attorneys, many women have the misguided notion that you must have a lawyer to collect child support. This is partially untrue. We say “partially” because one of the first moves you should make in a separation is to file for child and spousal support. You do not need an attorney to do this.
It's paramount that you file as soon as possible because you will be assigned a conference date six to eight weeks away, when support will be decided. The longer you delay, the longer it will take. Also, the date of petition is the effective date, so it's best to do this quickly. File for support first and get a hearing date set. Then concentrate on finding an attorney. To file for support, contact your family court division. Chances are good there will be a recorded message with instructions on filing for support. Or again, if you have already retained an attorney, follow that advice.
The paperwork that you need to fill out, including a budget sheet of living expenses and a statement of your income, deserves careful attention. Frequently this information will set the tone for all future support hearings and decisions. These sworn statements show the parties need for and/or ability to pay support. Thus, the sleuth work you did gathering documents, pay stubs, tax returns, and paid bill statements will assist you in accurately filling out the required forms.
Some women frequently forget the incidental expenses any family incurs. This is a big mistake. Those items you generally pay cash for include newspapers, school lunches, baby sitters, preschool tuition, haircuts, gifts (including those for children's birthday parties and holidays), entertainment (such as movie admission, video rentals, or cable TV), household cleaning, and commuting or transportation costs (such as filling your gasoline tank or bus or subway fare to work). Your attorney, or perhaps the clerks present when you file for support, will give you a budget sheet with categories to jog your memory. Use this as a guideline, but brainstorm for any expense categories that are unique to your family. The parent who retains custody of the children always has higher incidental expenses.
Some states only consider the incomes of the parents when determining support awards. Others consider household income. Thus, if you or your estranged is cohabiting during your separation, this could influence your support figure. Of course, it's wise to reach an agreement on your own, called a consent order, rather than rely upon the discretion of a hearing officer or judge. The family court system is one overloaded with cases and fraught with discord. Decisions rendered by third parties might be unfair, arbitrary, and difficult to overcome in the months and years ahead.
You know your situation better than anyone, and you have the better chance of getting the level of support that you and your children require if you can discuss things rationally. Armed with the appropriate income data for each of you, ask your attorney (or go to the public library) to look at the support guidelines that many states publish.
