Full Description

The laws of all states provide that every parent has a legal duty to support his or her child. This is true whether the parents are married or not and whether the child lives with them or not. However, getting an order for child support and having that order enforced are totally different issues—ask any parent who has returned to court, repeatedly, in order to be able to take care of his or her child.

This updated edition explains in detail what the child support order is and what it is not. It discusses legal measures that can be taken to collect child support; gives clear direction for anyone interested in changing the child support order; and, finally, addresses the termination of support. Various problems like kidnapping, abuse, visitation problems and a parent living in another state are also discussed.

Appendices identify state-by-state child support laws, child enforcement agencies and additional resources for further assistance in pursuing child support.

Table of Contents

Introduction -

Chapter 1: THE BASICS -
-Support Cannot be Waived
-Factors Considered
-Tax Consequences
-Eligibility for Child Support
-Methods for Filing for Child Support
-Role of Federal Government in Child Support
-Role of Child Support Agencies
-Domestic Abuse

Chapter 2: ESTABLISHING PARENTAGE -
-Presumption of Parentage
-Acknowledgment of Parentage
-Court Order or Finding of Parentage
-DNA Testing
-Welfare Laws and Paternity

Chapter 3: CALCULATING CHILD SUPPORT -
-Defining Income
-Combined Income Model
-Percentage of Income Model
-Adjustments
-Preexisting Child Support Order
-Shared/Joint Custody
-Split Custody
-Visitation

Chapter 4: AGREEING TO CHILD SUPPORT -
-Factors to Consider
-Your State’s Guidelines
-Determining Your Basic Guideline Amount
-Sample Combined Income Child Support Worksheet
-Sample Percentage of Income Child Support Worksheet
-Determining Your Child Support Amount
-Writing the Child Support Agreement

Chapter 5: FILING FOR CHILD SUPPORT -
-Time Limit for Filing
-Filing Your Case
-Sample Petition for Paternity and Child Support
-Notice
-Sample Child Support Worksheet
-Sample Motion for Paternity Test
-Request to Establish Paternity
-Temporary Order of Support
-Request to Deviate from the Guidelines
-Sample Motion to Deviate from Child Support Guidelines
-Security for Payment
-Sample Child Support Order
-Responding to a Petition for Child Support

Chapter 6: WORKING WITH YOUR LOCAL CHILD SUPPORT AGENCY
-Opening a Case
-Case Management
-Income Withholding
-Periodic Review
-“Most Wanted Deadbeats”
-Out-of-State Parents
-Parent Locator Systems
-Insurance Settlements
-Financial Institution Data Match
-Denial or Loss of License
-Loss of Tax Refund
-Consumer Credit Bureau Reporting
-Liens and Seizure of Property
-Passports
-Contempt
-Criminal Prosecution

Chapter 7: ENFORCING YOUR ORDER -
-Consider Your Options
-Arrearages
-Order for Withholding
-Sample Order for Withholding
-Electronic Funds Transfer
-Length of Time to Collect
-Child Collecting Arrears
-Failure to Pay and Visitation

Chapter 8: MODIFICATION -
-Substantial Change in Circumstances
-Procedures
-Past-Due Support
-Remarriage
-Change of Job
-Change of Custody
-Age of Majority of One Child
-Sample Petition for Modification of Child Support

Chapter 9: TERMINATION -
-Adoption
-Emancipation
-Marriage of the Child
-Service in the Military
-Death of Paying Parent
-Bankruptcy
-Sample Petition for Termination of Child Support

Chapter 10: APPEAL -

Chapter 11: FINDING THE LAW -
-Law Libraries
-State Codes or Statutes
-Case Reporters
-Internet Research
-Legal Encyclopedias
-Digests
-Form and Practice Manuals

Chapter 12: THE ROLE OF LAWYERS -
-Confidentiality
-Finding a Lawyer
-Initial Contact
-First Interview
-Fee Arrangements
-Working with the Lawyer

Epilogue -

Glossary -

Appendix A: Regional Offices of Child Support Enforcement -
Appendix B: State-by-State Parentage and Child Support Laws -

Index -
About the Author -

Excerpt

Editorial Reviews

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