Obtaining an order for child support can be one of the most stressful and time-consuming issues for a newly divorced parent. This post will explain the basic steps for obtaining an order for child support.
Agreement of the spouses
An order for child support can be obtained from any court that has jurisdiction over the mother (or custodial parent) and in the following types of cases:
- Divorce
- Paternity
- Child custody
- Family support: or
- Inter-state child support
The two parents can draft and sign an agreement that specifies the amount of child support to be paid to the custodial parent and the dates and time of such payments. One the parents agree, the agreement must be approved by the court, and it then becomes a binding order of the court.
Application for Child Support to the Department of Human Services
If the parents are not able to agree on the terms of a voluntary agreement, the state Department of Human Services can assist one or both parents to reach an agreement on the terms of a joint order. Such an order may include an order for child support and health insurance, establish paternity, enforce court orders for support and medical support, and collect or make child support payments.
Unwed parents
Unwed parents must establish legal paternity before a judge can enter an order for child support, but many judges are willing to enter an interim order for support while the paternity case is pending.