How to Use Father's Parental Rights Laws

Introduction

I am writing this in regards to an article request

Instructions

Difficulty: Easy

Things You'll Need

• are you?
• married, divorced
• have sole legal/physical custody of a child
• have joint legal custody of a child
• guardian of a child

Steps

1

Step One

If you have sole legal and physical custody of a child then yoou have all the parental rights and control of the child.

For example,

medical/school decisions, access to records
religious decisions
right to leave the state or country without needing the other parents approval.

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Step Two

If you have joint legal custody with visitation. Then you both have access and have to make joint decions on everything I listed above. If you don't you can be found in contempt of court and you may have to go back to court to have the court make the decision.

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Step Three

Anyone with joint legal has a right to get access to their child's medical and school records. Some places are strict and you have to request the records yourself if you are not the primary caetaker, but you have a right with a copy of a court order.
If you have a court order for visitation and it is denied you can go to the police to help them enforce it or go back to court. You might have some problems if you live in another state. Some police may not enforce a court order from another state.

How to Represent Yourself in Family Court

Introduction

When you must appear in Family Court, to deal with issues involving Divorce, Custody, Visitation, Child Support, Protective Orders, and so on, it can be difficult, particularly, if you decide to appear pro se - that is, if you choose to represent yourself.

Instructions

Difficulty: Moderately Challenging

Things You'll Need

• Some knowledge of the type of case you are involved in
• Clear understanding of the facts of your case
• Information about your Court's procedures
• A pad, pen and folder
• Your court papers and other documents important to the case
• A somewhat 'thick' skin

Steps

1

Step One

DECIDING TO REPRESENT YOURSELF: Although it is often best to have an attorney represent you when you must appear in Family Court, and while you should seriously consider doing so if yours is other than a simple uncontested divorce or Family Court case, some folks choose to represent themselves, because of the high cost of legal fees, or in some cases, because they feel that no one can make the judge understand their situation as well as they can. People who represent themselves are said to be doing so 'pro se' or for themselves.

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Step Two

ORGANIZE YOUR CASE: Do some basic online reading about your situation. Check sites like DivorceNet, which contain state by state resources, including articles written for non-lawyers about Divorce and Family Law topics. Next, write down questions you may have, and note any important issues in your case. For instance, if you need child support, identify the age at which child support stops in your state, how it is calculated, and what information the Court asks you to provide. Just get some basic information - don't worry about knowing it 'all'. Write a brief outline of your case (That's another article!) - what you are alleging and what you want the judge to do. Keep this to one page - a few headings and sub-headings should suffice to keep you on track.

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Step Three

OBTAIN PROOF: Proof is the name of the game in Family Court. It is rarely, if ever, sufficient to simply state your facts. Proof can include testimony, however, you should, whenever possible, bring in documentary proof - in the child support example, you would bring in proof of income and expenses - tax returns and W-2 forms, 1099's, pay stubs, bills, receipts, and so on. When gathering proof, think about what you are trying to achieve. If you want more child support, for instance, you'd need to show proof of your increased expenses. Make copies of these items and put them in your folder.

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Step Four

FILING AND SERVICE: Consult the Clerk at your Courthouse to find out how to file your petition (where you ask the Court for help) and how to serve it on the other party. In New York City, for instance, there are clerks who can help you complete 'fill in the blank' petition forms, or you can download them. Service can be tricky, so check the rules in your state with your Court's clerk or website.

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Step Five

YOUR FIRST COURT DATE: Dress as you would for business, or church - nothing flashy or revealing. While you needn't wear a suit, don't wear jeans or flip flops, either. The judge may ask you if you want to represent yourself or if you want to adjourn (postpone) your case to get a lawyer. Depending on your state's law, you may also be advised that a lawyer will be provided by the Court if you can't afford to hire one. In New York, representation by 'assigned counsel' is offered to people in some cases, whose incomes fall below a certain level. If you say you wish to represent yourself, the case should proceed.

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Step Six

TAKE YOUR PLACE AT THE TABLE: Watch the Court Officer for cues as to where to sit. If you are the petitioner or plaintiff, you are bringing the case, and you will speak first. If you are the respondent or defendant, you should have been served with a summons to appear in Court. (Tell the judge if you have not been served.) Open your folder containing your documents and copies. Have paper and pen handy so you can note important things the judge says. Also put your 1 page outline in front of you so you can recall your issues and points with ease.

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Step Seven

TALKING TO THE JUDGE: Address the Judge as "Your Honor." When asked to speak, tell him / her why you are there. Speak clearly and simply in a conversational manner, but do not use slang. Resist the temptation to sound like a lawyer. Always be respectful, and keep your recitation short and to the point. Keep your emotions in line - do not vent, call your adversary names, or speak directly to him or her. Cases that bring folks into Court can be upsetting, can make you angry and dredge up old hurts - but this is not the place to air them. That does not mean, however, that you can't show your feelings. Be human - yourself - and the rest will fall into place.

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Step Eight

BE RESPONSIVE: Answer the judge's questions, and listen carefully to his or her suggestions. If you do not understand something, say 'excuse me, your honor, I did not understand that.' You are your own attorney - you are expected to present your case. Also, you may have the right to read reports and attend attorneys-only conferences, but check with your Court's clerk about this.

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Step Nine

SETTLING YOUR CASE: Family Courts often encourage parties to settle matters on their own or with the help of mediators. If the judge suggests mediation, strongly consider it, unless your case involves domestic violence or a serious problem with your adversary that would prevent you from working together with a mediator. Child Support cases are not usually sent to mediation as they are basically done 'by the numbers.' However, in custody, visitation and divorce cases, mediators, Court social workers and other negotiators, can help you narrow the issues and resolve your case without further litigation. Another good resource is the 'court attorney' or law clerk. This is a lawyer who works with the judge, who often tries to help folks resolve their cases before facing the judge.

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Step Ten

GET IT IN WRITING: If your case goes to trial, the judge will issue a written decision. However, if you settle, which most cases of this sort do, you may have to draft the settlement document yourself. Settlements can take the form of Stipulations, which are simply agreements that you and your adversary can draft and sign. They range from the very basic "Visitation every other weekend, Dad to pick up at Mom's house, alternating holidays and 2 weeks vacation every summer" to formal, written documents which are signed by both parties and their attorneys. Make sure that you leave with a Court Order. The judge may sign the stipulation or you may draft a simple Order on forms provided by the Court.

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Step Eleven

CHECK THE ORDER FOR ACCURACY: You will eventually receive a copy of your Court order. Read it carefully to ensure it states what was agreed on in Court. If it does not, contact your adversary or his/her attorney and let them know. Call your Court clerk and ask how to resolve the problem.

How to represent yourself in a civil case?

Introduction

Do I need a lawyer or not?

Instructions

Difficulty: Easy

Things You'll Need

• You will be held to the same standard with or without a lawyer!

Steps

1

Step One

You have a right to represent yourself in court in a civil case. If you choose to represent yourself, the court will hold you to the same standards as if you were a lawyer.
Some cases are simple and straightforward. Others are complex and difficult. You need to consider the complexities and specific issues involved in your case and what is at stake for you when deciding whether to go ahead without a lawyer. If you find, as your case proceeds, that representing yourself is too difficult, you may have the option at that time to hire a lawyer to represent you.

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Step Two

What should I consider before deciding to represent myself?

How hard it will be to represent yourself depends on your individual case. Many people have successfully represented themselves. Others have gone to court and found that their case was more complicated or that the court process was more difficult than they expected.

These are some things to consider when deciding whether to represent yourself:

Are you good at completing paperwork? For example, do you complete your own income tax forms? In most cases, there are forms to be completed. In addition, there are times when you must tell the court what you want in a written document called a "motion." You must create these written documents without the court's assistance. All forms and documents filed with the court should be easy to read - typed if at all possible - and must comply with court rules.


Are you good at meeting deadlines? Courts run on a schedule. You will need to meet the court's deadlines. Regardless of your other commitments, including your job, your childcare arrangements and other personal responsibilities, you must appear in court whenever you are scheduled to do so. If you do not comply with court deadlines and court procedures, there will be consequences and you may lose your chance to have your case heard by the court.


Are you comfortable speaking in public? You will need to be able to tell your story in a formal setting in front of other people. The judge, the opposing party, or his or her lawyer, may ask questions and challenge your version of events. Some issues are very emotional, and you will need to remain calm.


Do you have written documents or witnesses to help you present your story? You need to gather all documents related to your case, organize them and bring them to court. You will also need to prepare your witnesses to testify.

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Step Three

. What if the other side has a lawyer and I don't?



In a civil case it is not unusual for one side to have a lawyer while the other side does not. If you do not have a lawyer but the other side does, you need to understand these things about that lawyer's role:

The lawyer's responsibility is always to his or her client, that is, the other party. The lawyer must do what is best for his or her client.

It is not the other side's lawyer's responsibility to help you with your case. In fact, the lawyer for the other side should not give you any advice except to get your own lawyer and is not allowed to tell you what he or she thinks the judge will do.

The lawyer should not pressure you or suggest that you take any particular action. Do not rely on advice from a lawyer who is representing the other side.

This does not mean that the lawyer for the other side cannot talk to you. The other side's lawyer will have to talk to you in order to represent his or her client. He or she can express an opinion, argue for a particular outcome and try to negotiate a settlement. You are always free to disagree. If you feel pressured by the lawyer on the other side, you should tell the judge.



Representing yourself when the other side has a lawyer can be intimidating, especially if the case goes to trial. Be aware that in many civil cases, there are ways to resolve a case without going through a trial. You can get a third party involved to help you and the other side resolve the case. This could be a probation officer, housing specialist or other person who works for the court, depending on what court you are in and what type of case you have. It could also be someone from outside the court, if the parties agree. You and the other side might decide to take advantage of alternative dispute resolution services, commonly referred to as ADR services.

How to reduce your child support

Introduction

how and when you can lower your child support

Instructions

Difficulty: Easy

Things You'll Need

• currenty income healthcare cost

Steps

1

Step One

How to reduce your child support?

Child support is usually ordered to the parent who has Physical custody of the child. The parent who has visitation is usually the one who pays. Some parents have joint/shared physical custody and one parent may be ordered to still pay support if there is an extreme difference in the parent's income. This would be done for the best interest of the child.

Child support is based on both parties weekly gross income ( before taxes), number of children, ages of children, who is providing health insurance for the child, daycare expenses, and if a parent is paying another court order for child support.

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Step Two

How to reduce your child support order..

If you provide the health insurance for your child you get a credit for it and it will reduce your oder.

If you have joint physical custody of the child, 50/50 modem with mom and dad, your order may be terminated or reduced

If you lose your job, take a pay cut, or stop receiving a bonus. This changes your income and may reduce your support order. People on AFDC, EAEDC, SSI, and SSDI may not be ordered to pay support due to there minimal income.

If you have a support order for one child and now have one for another you may be able to reduce the first order.

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Step Three

In order to reduce you order you need to bring your case back to court by filing a motion to review support or a complaint for modification to modify your court ordered support.

How to Qualify for a Child Maintenance Premium

Introduction

When parents live apart the non-resident parent is responsible for paying Child Maintenance to the parent with care. If the parent with care is also receiving benefits from the government, the government usually keeps the Child Maintenance money to offset the cost of the benefits. When a parent with care qualifies for the Child Maintenance Premium, it means that he or she can receive up to £10 a week of the Child Maintenance money in addition to the usual benefit money.

Instructions

Difficulty: Moderately Easy

Steps

1

Step One

Be sure you meet the criteria. Your children must live with you for you to be eligible for the Child Maintenance Premium and you must be on a low wage and not in full-time paid work.

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Step Two

Contact the Social Security Agency to apply for Income Support or Income-Based Jobseeker's Allowance. Your claim will also be treated as an application for Child Maintenance.

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Step Three

Give the details of your Child Maintenance situation to the Social Security Agency who will pass them on to the Child Support Agency.

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Step Four

The Child Support Agency (CSA) will contact the non-resident parent to arrange for him/her to pay Child Maintenance (if this is not happening already). The CSA will then collect this money directly.

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Step Five

When you get your benefit money from the Social Security Agency, you will also receive the Child Maintenance Premium (up to £10 a week of the money paid by the non-resident parent). The rest of the Child Maintenance is kept by the government to make up for the money paid to you in benefits.

Tips & Warnings

• If you have any questions about Child Maintenance, ring the national helpline on 08456 080 022. You will be charged a local call rate.
• If you are receiving Income Support and you believe that applying for Child Maintenance would put you or your children at risk, you can ask the Child Support Agency not to contact the non-resident parent. You will have to give reasons for this, and your reasons must be accepted by the CSA.
• In situations where a grandparent or other guardian has full care of the children and is on benefits, he or she may be eligible for the Child Maintenance Premium.
• If you don't want the Child Support Agency to contact the non-resident parent and you are not able to give a good reason for this, the Social Security Agency can reduce your benefits, and you will not be eligible for the Child Maintenance Premium.
• If you are a parent with care and you claim Income Support or Income-Based Jobseeker's Allowance, this will cancel or change any court order or maintenance agreement even if you opt out of applying for Child Maintenance.

How to Pay Child Support On Time

Introduction

Paying child support in a timely manner is very important to your child's well-being. The primary caregiver for that child needs money for clothes, groceries, doctor bills, and the many other little things that can add up when caring for a child. Follow these steps and learn how to pay your child support on time.

Instructions

Difficulty: Moderately Easy

Steps

1

Step One

Choose if you want to pay once a month, biweekly or weekly. If it's easier for you to pay once a month, pick a day and stick to it. Treat it like any other bill and don't pay it late. If you would rather pay every time you get paid, whether it be weekly or biweekly, make sure you let the custodial parent or caregiver know your pay schedule.

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Step Two

Make your child support payment the first check you write. Don't think about what other bills you have to pay or how many groceries you need to buy. Your child needs that money, and helping to feed and clothe that child is your first priority.

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Step Three

Think of your child, not the money. Sometimes it's hard to remember what you are paying for when you never see how it is spent. Just remember that you would be spending the same amount of money if you and the custodial parent were still together. Your county runs child support guidelines based on the lifestyle to which the child was accustomed.

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Step Four

Give your child support case manager information about your employer or bank so that payments can be deducted directly from your paycheck or bank account. This way you won't need to worry about writing checks or cashing money orders. This will also quicken the payment process. Be sure to inform the other party when to expect the child support payments.

Tips & Warnings

• If you feel your child support amount is unfair and more than you can honestly afford, request a modification. They will run your guidelines again and determine how much a fair amount would be. You can run guidelines yourself by checking out the All Law website. (See Resources, below.)
• Some states are required to deduct directly from your employer or bank account. Be sure you provide your case manager with complete and accurate information. Call your case manager immediately if you change jobs or banks so he or she can send your new employer or bank the child support withholding notice.

How to Pay Child Support in Florida

Introduction

Tring not to be a delinquent parent? Need to know how to get your child support payments in on time? Follow these steps and you'll have no problems.

Instructions

Difficulty: Moderately Easy

Things You'll Need

• Checking Account/Credit Card

Steps

1

Step One

If you are uncomfortable with paying online, you can write a check to the State Disbursement Unit at:

State Disbursement Unit
P.O. Box 8500
Tallahassee, FL 32314-8500

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Step Two

If you would like to pay online, one of the sights you can go to is MyFloridaCounty.com. Here you can look up questions about your child support case, pay child support, and inquire about past payments. You can pay by credit card or electronic check and it will be processed the same way as it would have if you mailed it to the State Disbursement Unit. MyFloridaCounty.com also has other useful information about the state, like how to obtain a hunting license or how to renew your vehicle tag.

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Step Three

Another site you can use to pay child support is ExpertPay.com. This site allows employers and obligors to set up accounts to electronically submit payment.

How to Pay Child Support After Not Paying in Forever

Introduction

So you have decided you want to pay child support. I am not an expert for the United States; but in the State of Washington, it is a fairly easy process that can even be done online. Read on to learn more.

Instructions

Difficulty: Moderately Easy

Let the Payments Begin

Things You'll Need

• Proof of employment
• Social Security Card
• Valid Driver's license

Steps

1

Step One

Make an appointment with the local Support and Enforcement Agency. Once there you will need to register by filling out some forms, showing proof of employment and U.S. citizenship. If you owe back child support you may request payment plans. It is important to make regular payments or your will be at risk of wage garnishment. Loss of your driver's license and even jail time.

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Step Two

Now that you are registered and have a payment plan in place you can go online to set up automatic payments and manage your account.

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Step Three

The website, for the State of Washington is http://www1.dshs.wa.gov/dcs/

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Step Four

Once on this website you can set up online child support payments by click the CSIPS (Child Support Internet Payment Service).

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Step Five

Once on the CSIPS site you will need to establish a user ID and password. You may also take a tour using the DEMO option. Having your payments automatically taken from your paycheck and monitoring your account will help you maintain your records for future child support audits or any legal debates, that may come, to prove payment.

How to Navigate the Child Support System

Introduction

Okay, so you have gone to court and have a child support order, now where do you go from here? Just because you have a child support order does not mean money will start arriving in the mail immediately. It generally takes six weeks just to get into the child support system. It will take even longer to start receiving checks if the parent ordered to pay child support is not working or you and the agency don't know where they are. It is up to you to help the child support agency in these instances in order to get your child's money. Depending on what state you live in there are rules and regulations to follow, and time frames involved, but you can help your own case by working with your caseworker. These are some basic tips to get your case moving through the system faster when such a glitch has occurred.

Instructions

Difficulty: Moderate

Things You'll Need

• your court order signed by the Judge or Magistrate.
• most recent photo of the parent ordered to pay the child support.
• all updated information you have on the person, including age, date of birth,social security number and possible places they may have worked or lived.
• notebook with paper and pockets for holding information, leaflets and your court order
• pen

Steps

1

Step One

Most child support agencies take walk-ins but it is a good idea to call ahead and see if an appointment is necessary. If so make one and get the name of your caseworker.

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Step Two

On the day you meet with your caseworker, make sure to get your case number and court order number. Write them down.

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Step Three

Give your caseworker all the information you brought with you, such as a copy of the court order, photo of the absent parent (which is the name for the person ordered to pay child support)and all personal information you may have on that person, particularly if they are not working or have disappeared from sight.

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Step Four

Listen carefully to your caseworker. Write down any and all the information you are given and file it away in your notebook. Ask all your questions such as is the order in the system yet, do they know the place of employment of the individual, and what is the exact amount you will receive and how often once the order is in place and a wage withholding has been issued to the employer.

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Step Five

If the party has dropped out of sight make sure to give the caseworker all addresses they have lived at in the past if you know them along with the address of the party's parents, sisters, brothers or even their current mate if known.

How to modify your child support order

Introduction

modify your child support

Instructions

Difficulty: Easy

Things You'll Need

• proof of pay/income
• paystubs copy of tax returns

Steps

1

Step One

Only the court can change the amount of your child support order and it will use theChild Support Guidelines in determining the amount of the order. The Guidelines consider several factors including both parents' income and ability to earn income, the number and ages of the children, and the cost of health care coverage for the children. To get an estimate of the amount of money a court may order for child support based on your current financial condition and using the Guidelines, please use your local states Child Support Calculation Worksheet.

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Step Two

Whether you are the parent who pays support or the parent who receives support, if you want help in going to court to ask for a modification, you may seek it through your states child support enforcement division. You will need to complete a Modification form, available at your court or maybe online.

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Step Three

Once we get your complaint, you or child support enforcement need to file it with the court, give a copy to the other parent, and schedule a court hearing. This process can take time. The court will require some sort of evidence (documentation or testimony) about a parent's ability to pay. You must make sure the state you file the modification in has the authoity to do so.

How to get food stamps

Introduction

get food stamps

Instructions

Difficulty: Easy

Things You'll Need

• BEFORE YOU START, YOU WILL NEED TO KNOW: your income from jobs and other sources. your housing expenses such as rent and utilities. childcare and child support expenses.

Steps

1

Step One

Food stamp applications are available at any Social Security office. If you and everyone in your household are applying for or already getting SSI payments, any Social Security office will help you fill out the food stamp application and send it to the food stamp office for you.

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Step Two

All others, including those applying for or getting only Social Security, must take or send their food stamp applications to the local food stamp office or to any Social Security office where a food stamp representative works.

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Step Three

When you are interviewed, you also should have:

Identification such as a driver’s license, state ID, birth certificate or alien card;
Proof of income such as pay stubs, Social Security, SSI, or a pension for each member of your household;
Proof of how much you spend for child care;
Rent receipts or proof of your mortgage payments;
Records of your utility costs; and
Medical bills for those members of your household age 60 or older, and for those who receive government payments such as Social Security or SSI because they are disabled.

How to Get Child Support From the Navy

Introduction

The Navy and Marines expect their service members to act responsibly and respectfully to their spouses and children and remember their Core Values at all times. This includes times of separation and divorce. Marines and sailors who abandon or do not act in a respectful manner toward their families are subject to severe disciplinary action up to and including a court martial.

Instructions

Difficulty: Moderately Challenging

Steps

1

Step One

Contact the service member for payments. The Navy has a recommended schedule for spousal and child support. The Navy does not, however, pay the spouse directly unless ordered by the court to do so.

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Step Two

Contact the service member's sponsor or the Chaplain if you cannot contact the service member directly. The Chaplain then informs the service member's master chief or commanding officer of the situation. Have the service member's name, social security number, unit and rank available if at all possible.

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Step Three

Seek legal assistance if necessary. Be sure you choose an attorney that is experienced in military law.

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Step Four

Seek help from the Navy-Marine Corps Relief or Red Cross if the need for child support or spousal support assistance is immediate. They have money for necessities in an emergency situation, but beware that the service member faces severe disciplinary action if you go this route.

Tips & Warnings

• Under Department of Defense Pay Manual Article 30236, service members must pay at least their monthly daily allowance for subsistence.
• In extreme cases such as abandonment, infidelity and abuse, the commanding officer may waive spousal support entitlement.

How to Get Child Support After a Divorce

Introduction

If you have been divorced and are not receiving court-ordered child support, life can be very difficult for you and the kids. The federal government has come a long way in trying to seek out and force parents, usually fathers, to regularly pay the full amount of child support. Some of the methods include attaching wages, garnishing tax refunds, and placing liens on property or selling property. Unpaid child support is now reported to credit bureaus. Driver's licenses as well as professional licenses can be revoked. Here are some steps you can take to make sure you have the financial assistance that is coming to you.

Instructions

Difficulty: Moderately Easy

Steps

1

Step One

Go online to the Child Support Enforcement website. "Click" on the Frequently Asked Questions link and that should help guide you to the proper state agency to contact if you are having a problem.

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Step Two

Contact a private agency that specializes in finding deadbeat parents and collecting money from them. Remember that it comes at a price. They will charge you nothing unless they do collect, but once they collect money, they will take a percentage before sending it to you. Make sure you understand the terms before proceeding.

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Step Three

Call an attorney who specializes in child support. Get their name from a local agency of the state bar that recommends attorneys. Again, it will not be free, so make sure you understand the costs involved before you take this route.

Tips & Warnings

• Everyone's situation is different. Government agencies have a lot more resources for getting support payments than they did in the past, and they don't take a percentage of the money collected. Only use companies that take a percentage of the child support collected as a last resort.
• Don't do anything to create any problems for your kids or yourself. Leave it up to a third party. Avoid confrontation and violence at all costs.

How to Find a Child Support Case Manager

Introduction

A child support case manager helps determine child support obligations and compliance with state laws. They may also conduct investigations and enforce child support orders.

Instructions

Difficulty: Moderate

Steps

1

Step One

Use the phonebook. Look for the community of government section of the book that includes contact information for your state's human services departments. Contact the department responsible for child support regulations and ask them for information on how to get a case manager.

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Step Two

Visit your state's human services website for additional information. They may have a section specifically dedicated to the state's child support services department. Most sites will list specific people or offices to contact, list the answers to basic child support questions and offer additional resources.

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Step Three

Meet with a child support lawyer in your community and ask them for a recommendation. Such attorneys work with child support issues every single day and they've often built a strong network of contacts. They can help you find a good case manager and answer any questions you may have.

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Step Four

Request a new case manager if you're unsatisfied with the service you receive. If you wish, you can file a complaint with the child support services department.

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Step Five

Remember that a child support case manager needs to communicate with both parents. If you're able to choose your case manager, it's important that both parties feel comfortable dealing with the person selected. Make an effort to come to an agreement on a case manager you can both work with.

How to establish paternity

Introduction

establish paternity of your child

Instructions

Difficulty: Easy

Things You'll Need

• child's birth certificate

Steps

1

Step One

If there is no doubt as to the paternity of the child, a Paternity Acknowledgment Form can be signed at the hospital when the baby is born. However, if a man signs this document it has the same effect of a judgment establishing paternity. Therefore, most attorneys do not recommend that a man sign a voluntary acknowledgement of paternity without first having genetic (dna) testing completed.

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Step Two

A mother or putative (alleged) father may file a petition in court seeking to establish a parent-child relationship. Upon either agreement of the parties or a ruling by the court, a final order of paternity will be entered which will specify child support, visitation and custody.

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Step Three

If the mother and putative (alleged) father marry after the birth of the child, the child is legally assumed to be the child of the father unless specifically refuted by the father.

How to deal with Child Support

Introduction

So you received a scary letter from Child Support Services
and you don't know what to do? Read on...

Instructions

Difficulty: Moderately Easy

Things You'll Need

• Two forms of picture I.D.
• Black or blue ink pen.

Steps

1

Step One

You probably received a letter called a Summons & Complaint by which someone is naming you the father or mother of their child. First you need to completely read all of the papers and documents you received which should answer many of your questions.

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Step Two

Now that you know who is filing the complaint naming you the father/mother of their child, you must file an "Answer" in court. An "Answer" is a formal legal response to the Summons & Complaint in which you either acknowledge or contest paternity. So in other words you will be telling Child Support Services that you either agree or disagree that you are the father/mother of the child.

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Step Three

To file the "Answer" in court you must fill out the document provided by the Child Support Services. the form should indicate that you are filing an "Answer" to the complaint. Do not worry if you are unable to find this document or if you are unsure how to complete it because you will need to go to your nearest Family Law Facilitators Office where they will tell you how to get another document to file an "Answer" or help you fill out the one you already have and file it in court.

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Step Four

Find the nearest Family Law Facilitators Office in Los Angeles County by copying and pasting the web address provided below to your browser address bar, and go there as soon as possible. You have 45 days to respond to the Summons & Complaint if you received it in the mail and 30 days if someone gave it to you personally. To be on the safe side just assume you have 30 days!

http://www.lasuperiorcourt.org/familylaw/pdfs/facilitatorloc.pdf

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Step Five

Eventually you will receive a response scheduling you for a date to appear in court or for genetic testing. Make sure you do not miss or you may lose by default! The possibility of paying child support for 18yrs.is a good incentive to not miss don't you think? Good luck!

How to change a custody order

Introduction

Change a custody order

Instructions

Difficulty: Moderately Easy

Things You'll Need

• facts, evidence, location or original court order

Steps

1

Step One

If you have a custody order already in place, you can ask the original court that issued the order to make changes or modify it. Generally, you can only ask to have a custody order modified if there has been a change in circumstances.

Example: If there are new allegations or new evidence of abuse, that may count as a change in circumstances. Major changes in either parent's financial or housing status may also count as a change in circumstances.

Generally, once a court has jurisdiction, that court will keep continuing jurisdiction, even if you move to another state.3 If you have moved, you can ask the court that issued the original order to change the jurisdiction to the new state that you are in. Under certain circumstances, you can ask the court in the new state to modify the order without going back to the original state. This is often complicated, and as with all custody issues, we recommend that you talk to a lawyer about this.

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Step Two

Example: If there are new allegations or new evidence of abuse, that may count as a change in circumstances. Major changes in either parent's financial or housing status may also count as a change in circumstances.

3

Step Three

Generally, once a court has jurisdiction, that court will keep continuing jurisdiction, even if you move to another state. If you have moved, you can ask the court that issued the original order to change the jurisdiction to the new state that you are in. Under certain circumstances, you can ask the court in the new state to modify the order without going back to the original state. This is often complicated. I would suggest that you talk to a lawyer about this.

How to Avoid Spending Time In Jail For Non-Child Support

Introduction

Are you one of the many father(s)who avoid paying your Child Support responsibilites? well, it dosen't have be that way.

Instructions

Difficulty: Easy

Things You'll Need

• pay your child support
• have a steady employment
• be a good parent

Steps

1

Step One

The first thing you do is to be on time when you are summoned to appear in court for a Child Support case.If You fail to appear in court the residing court will issuse a warrant for your arrest "Contempt of Court"

2

Step Two

If you have hired a lawyer allow the the lawyer to speak for you so he or she can explain to the judge what's going on with the child support payments that you might have failed to pay.

3

Step Three

You need to have empolyment to show proof to the court and Child Support Division. Whatever, you do don't STOP working just because you dislike your ex-spouse.You need to be a Responsible Father for your kid sake.

4

Step Four

If the court or Child Support Division needs "proof" that you have been paying bring your pay stubs or any doucements. Be prepare for some harsh remarks from the judge for your lack of payment to your child needs.

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Step Five

If you haven't been sending any monies to Child Support Division you will be arrested in open court by a deputy and escorted to a holding cell to spend 180 days in a county jail. Whatever, you do Fathers or Mothers don't bring your new love intrest into your problems or bring "MAMA" into court to fight your battles that dosen't really sit well with the rest of your peers that are inside the court listening.

How to Track Down a Deadbeat Parent

Introduction

Gather all the information you have and follow every lead you get to track down that deadbeat dad. You can use the Internet, a private investigator or your local child support enforcement agency to find him and collect the money he owes you.

Instructions

Difficulty: Moderately challenging

Things You'll Need

• Yellow Pages
• Internet Access
• Computers

Steps

1

Step One

Gather all the information you have, such as his date of birth, Social Security number, a clear photograph, and names of friends, family and employers.

2

Step Two

Keep an accurate record of what he owes you so that if you find him, you're prepared to collect.

3

Step Three

Find out what the procedure is in your state for collecting overdue child support. Schedule a free consultation with an attorney or call the court that originally ordered the support to find out what you need to do.

4

Step Four

Check with the post office and phone company for his forwarding addresses and phone numbers. Follow through on this information.

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Step Five

Call everyone you can think of who might have an idea of where he is. This includes any professional or union organizations he belongs to. Call his doctor, his dentist, the bar where he hangs out and anyplace else you can think of. Follow any leads you get.

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Step Six

Contact your local child support enforcement agency for assistance. If you don't know what this agency is called, call the mayor's office, your district's state legislator's office or the county attorney's office and ask them. Share any information you have about his whereabouts with the agency. They may have additional resources available for collecting the support owed.

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Step Seven

Do an online search to locate him or information about him. Many sites will allow you to search a database of information for no cost and offer more detailed searches for a fee. You may be able to find out he has registered a car, applied for a loan or gotten credit in another state or city.

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Step Eight

Consider hiring a private investigator if he's being very elusive. This will cost you money but may have good results. Check your state's laws to see if you can be reimbursed for this expense if he is located.

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Step Nine

Pursue the matter in court. You may be able to get the court to issue a warrant for his arrest or obtain a judgment against him for the amount owed.

Tips & Warnings

• Keep careful records of your search and make sure you track down every lead.
• Rack your brain to think of places he might have gone - his brother's fishing cabin, his buddy's apartment in another city, and so on.
• Be careful how you present the situation to your child. He or she probably loves him and feels very conflicted by the whole situation. Explain what's going on - "Daddy hasn't paid me the money the court told him to" - but let your child know that he or she should not get involved. Emphasize that you think it's great that your child loves Dad and that that's OK with you.
• Be prepared to meet with resistance from his friends and family and the organizations he belongs to. Doctors and dentists are not supposed to release any information, but some people are able to convince them to help.
• Don't follow him, break into his home or do any other illegal activities. Losing your freedom isn't worth any revenge you may get.

How to Understand Interstate Child Support Laws

Introduction

A lot of questions surrounding child-support regulations used to come up when the parents lived in different states. The Uniform Interstate Family Support Act has helped clear up a lot of the confusion.

Instructions

Difficulty: Moderate

Steps

1

Step One

Understand that most states have passed the Uniform Interstate Family Support Act, a law that lets courts in different states cooperate with each other and that clarifies what happens when the parties in a support case live in different states.

2

Step Two

Know that before this law was passed there was a lot of confusion about child support. Sometimes courts in two different states would order child support payments and the parent would be responsible for paying under both orders.

3

Step Three

Realize that under this law, the state where one parent and the child live has the power to issue a support order.

4

Step Four

Recognize that, under this act, states cannot interfere with support orders made in the state where one parent and the child live.

5

Step Five

Be clear on the fact that one state can modify another state's order only if neither of the parents nor the child live in the issuing state, or if both parents now live in the state where the modification is sought.

6

Step Six

Ask the court for a determination of which order applies if you have more than one.

7

Step Seven

Consider that no matter where a support order is collected or enforced, it will be governed by the laws of the state in which it was issued.

Tips & Warnings

• Enforce your support order in any state by simply registering the order in the state where you wish to enforce it and requesting enforcement. Income withholding orders can be sent to employees in any state without registering the order in that state. Amounts collected in other states will be subtracted from the amount due on the order in the issuing state.
• Contact the family court in the state where you wish to register a support order from another state.

How to Increase Your Child Support

Introduction

Gather information that shows that your income does not cover expenses, and file papers in court requesting an increase in child support.

Instructions

Difficulty: Moderate

Steps

1

Step One

Learn what is necessary in your state to prove the need for an increase in child support. Check state laws on the Internet, in books, or by hiring or talking to an attorney.

2

Step Two

Determine to which court you will need to bring your case. Check with the court that issued your current order or judgment. If this is not the correct place, the court staff will be able to tell you where to go.

3

Step Three

Obtain the necessary forms that you need to complete. Ask the court staff for assistance in completing the forms if you don't understand everything.

4

Step Four

Gather all the paperwork you can that shows why you need an increase in child support. Proof of tuition, clothing costs, housing costs, medical bills and any loss of income you have suffered are important. You want to show the court that the money coming in is not enough to cover your family's expenses.

5

Step Five

Be prepared to testify if the case goes to trial. You will need to explain what all of the documents are that you are presenting, why you need an increase and how much you are requesting.

6

Step Six

Remember that the court will only be interested in information that shows that the child is not being adequately supported. Your lack of money to buy cigarettes or new clothes for yourself is not important.

Tips & Warnings

• In some states, there are child-support agencies that will handle your case for you. If there is such an agency in your state, contact the agency before filing anything to determine whether they will file papers for you or represent you.
• In some states, there are very strict rules about how much and how often child support can be modified. Your case may be dismissed if you do not comply with these rules.
• Do not make any informal agreement with the other parent about child-support modification. It is important to have the court handle all modifications so that everything is enforceable.

How to Modify a Child Support Agreement

Introduction

Determining a fair amount for a child support order can be difficult, especially when changes in circumstances affect your income drastically. If you feel you are either paying too much in child support or are not receiving enough due to changes in your income, or it's been several years since your order was established, you could qualify for a child support modification through the Child Support Enforcement Agency.

Instructions

Difficulty: Moderate

Steps

1

Step One

Decide why you want your child support agreement modified. Have you had a change in income? Has your ex had a change in income? If you have heard that your ex-spouse has gotten a better job and it has been several years since your guidelines were established, you may be eligible for a modification. When you first established your child support order, the county took your income and the other party's income and determined your child support amount. The county takes into account health care costs, day care costs, spousal support paid or received, and other children, excluding stepchildren, living in the household.

2

Step Two

Get proof of change in income—yours or the other party's—if you want to modify your child support. You will need to contact your child support case manager. Different states may have different qualifications for doing modifications, but here are some examples of acceptable reasons: Either party has experienced loss of unemployment for at least six months, either party has become permanently disabled (and can provide proof), either party is institutionalized or incarcerated with no chance of parole for the duration of the child's minority, or one or more child has emancipated. Call your case manager to find out exactly what proof you need to provide to modify your order.

3

Step Three

Visit the Alllaw website for child support calculators and run your guidelines. (See Resources, below.) You will need to know the other party's income to estimate how much your child support should be. However, your case manager will determine the final amount by examining what the other party provides.

4

Step Four

Prepare for a long process. The counties have to follow certain policies, procedures and timelines. It may take up to six months for your child support amount to change, and even longer if one party objects to the new amount and a hearing is scheduled.

Tips & Warnings

• The Child Support Enforcement Agency will modify your support for free as long as you meet the qualifications. It is a service they are legally obligated to provide. However, if you are on good terms with the other party and wish to modify your support at a faster pace, you can have an attorney file an Agreed Judgment Entry ordering the new amount of child support.