FREQUENTLY ASKED QUESTIONS ABOUT CHILD SUPPORT

1. My ex-husband is thousands of dollars behind in his child support. Do I have to allow my children to visit with him?

      Visitation and child support are two separate and distinct issues. There are several reasons why a judge may restrict a parent's contact with his children such as the parent's abuse of drugs or alcohol, the parent's involvement in incidents of domestic violence and the parent's abuse or neglect of the children. However, a judge is not likely to restrict a parent's contact with his children due to the parent's failure to pay child support. The custodial parent does not have the right to limit visitation due to the non-custodial parent's failure to pay child support. Similarly, if the custodial parent does not allow visitation, or does not allow visitation as ordered by the court, the non-custodial parent does not have the right to stop paying child support. If one parent is violating the court's order regarding visitation or child support, the other parent's remedy is to file a motion for contempt with the judge.

2. I was never married to my child's father. How do I get child support?

      The first step is to establish paternity. Either parent may file a complaint to determine paternity. If the father denies that he is the father, the court will order DNA testing. If the alleged father is indeed the biological father, he will be ordered to pay child support. He may also be required to reimburse the mother for medical expenses and pay back child support. Once paternity is established, the father will be entitled to visitation with the child unless there is a legal reason to deny him contact with the child.

3. A couple of years ago, I was served with papers saying that I fathered a child. I did know the child's mother, but she never told me that she was pregnant. I never responded to the papers, and now child support is coming out of my check. What can I do about this?

      When a person is served with a summons, he or she usually has 20 days to respond to the lawsuit. If the person does not respond, the court will assume that the person admits the statements in the lawsuit. The court will enter what is called a default, which allows the party who filed the lawsuit to proceed as if the other side admitted what was said in the lawsuit. In all likelihood, a final judgment of paternity was entered finding that you are the legal father of the child in question. In some very limited circumstances, it is possible to have the final judgment nullified and to stop child support. However, in most cases, a court order must be appealed within 30 days.

4. I have custody of my two children. My ex-wife works as a hairdresser, so she usually gets paid in cash. She doesn't pay taxes on what she makes, and she does very little to support our children. No judge has ever ordered her to pay child support because she always claims to be unemployed. How can I make her pay child support?

     Self-employed parents who have decided not to pay child support are a special project. There are, however, ways to prove that the parent is receiving the income whether the parent reports it to the IRS or not. For instance, what kind of car does your ex-wife drive? Who makes the payments? Where does she live? Who is on the lease? If your former wife has a car payment, a house or rent payment, then more than likely she had to state her income and provide some proof on an application to be qualified for these expenses. Your former wife's bank records can be subpoenaed, and she can be asked under oath about various deposits. Other financial records may be subpoenaed also. Once a support order is entered, if she does not pay as ordered, the judge may hold her in contempt of court and order her to spend up to six months in jail for each act of contempt.

5. When my former wife and I divorced several years ago, I was ordered to pay $1,000 per month in child support. At that time, both children were in full time daycare. Now they are in school, and my former wife only has to pay child care during Christmas, spring break and the summer. Since I work for a government agency, my income has only increased by 3-4% a year; however, my former wife has completed a graduate degree. She makes twice as much now as she did then. Additionally, the children spend at least half of the time with me. What can I do?

      You can apply for what is called a "downward modification." If the children spend more than 40% of their overnights with you, you are entitled to a decrease in child support on that basis alone. Regarding the changes in your former wife's income and the considerable decrease in daycare expenses, it is highly likely that you would be entitled to a decrease in your child support payments. You can not decrease the payments on your own. A judge must enter an order which lowers your support obligation.

LEGALESE The information provided in this article is general in nature. The information in this article is not a substitute for consultation with an attorney.