{"id":351704,"date":"2016-04-04T11:02:29","date_gmt":"2016-04-04T16:02:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-support\/getting-child-support.html"},"modified":"2023-12-17T20:01:00","modified_gmt":"2023-12-18T01:01:00","slug":"getting-child-support","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-support\/getting-child-support.html","title":{"rendered":"Getting Child Support"},"content":{"rendered":"\n
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Getting Child Support<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Every child deserves financial support from both parents. Child support is one way to ensure children receive this support. Custodial parents can file a petition with the appropriate state court to start the child support process. <\/p>\n\n <\/div>\n\n

The court does this by mandating child support payments from the non-custodial parent to the custodial parent. These payments usually occur monthly or bi-weekly, depending on the arrangement between the parents.<\/p>\r\n

The subject of child support is an important and often difficult issue for many parents. What is a fair amount to pay? Who determines the child support payment? It can be a difficult endeavor for both parties. Parents with primary custody of a child, referred to as "custodial parents," often are eligible to receive child support payments from the child’s other parent.<\/p>\r\n

The following articles cover eligibility, determining the amount of child support, the difference between support by agreement and support by court order, changes to child support, and other issues of importance to those seeking child support.<\/p>\r\n

Child Support: A Brief Overview<\/h2>\r\n

Child support is a crucial system that ensures children receive the financial assistance they deserve from both parents, even if they are living separately. There is a child support amount set according to state guidelines, considering several factors. The primary aim of child support services is to safeguard the child’s interests, ensuring their daily needs, education, and overall well-being are met. Child support helps cover the child’s needs, like food, clothing, and school supplies.<\/p>\r\n

State law determines the child support guidelines within each jurisdiction. This sets the amount of support required. Both parents’ gross income and the needs of the child come into play. The child support program in each state ensures that children receive the support they deserve.<\/p>\r\n

It’s essential to understand that child support and spousal support, often termed \u201calimony," are distinct. Child support is purely for the child’s needs. Alimony is for the financial support of the other spouse after separation or divorce. The court may mandate both types of support, but they serve different purposes.<\/p>\r\n

Establishing Parentage<\/h2>\r\n

Before setting a child support amount, parentage must be established. This means proving who the child’s parents are. Sometimes, genetic testing is used. This can be done by taking a simple DNA test. Other times, the parent listed on the birth certificate is considered to have parentage. Establishing this connection is a crucial step in many child support cases.<\/p>\r\n

Setting a Child Support Amount<\/h2>\r\n

To determine the child support amount, various details are considered. The court may look at the couples’ income and other relevant documentation. This ensures the amount set aligns with the financial capabilities of the non-custodial parent and the needs of the child. The state agency, often referred to as the Office of Child Support, manages these determinations. Parents can approach their local office for guidance on how to initiate child support processes.<\/p>\r\n

Child Support and Uninsured Medical Expenses<\/h2>\r\n

Medical support is a part of child support. Child support may be used to pay for uninsured or "extraordinary" medical expenses. Extraordinary medical expenses<\/a> may include any out-of-pocket medical costs that exceed the cost of a basic health care insurance plan, including co-pays, deductibles, and surgery costs.<\/p>\r\n

In other words, when a child’s medical expenses aren’t covered by insurance, the non-custodial parent might have to help pay. This can be for doctor visits, medicine, or other healthcare needs. Both parents should always keep the child’s well-being first.<\/p>\r\n

In many circumstances, child support may be used to cover these and other expenses, such as dental braces, casts, eyeglasses, and other special health care costs, especially if a child has pre-existing special medical needs. Most states require both parents to split the cost of additional medical care, depending on their state’s guidelines. Cosmetic issues are rarely covered unless they present a health risk.<\/p>\r\n

Function of Child Support Orders<\/h2>\r\n

A child support order is a legal document. Once a court enters a child support order, the order becomes an enforceable legal document which, among other things, identifies:<\/p>\r\n