Based on our experience with various consultations and clients, these are some of the most pressing questions they have when inquiring about Child Support issues.
Do I have to pay?
If the child is biologically yours, or you signed a birth certificate and a paternity test came out positive, and without any other facts, yes.
Can my past payments into consideration?
Yes, the Attorney General’s office will take the past payments into consideration, and will deduct them from the overall balance. Your arrears, or your balance from years past, will be rolled into a new payment plan that is created by the Attorney General’s office, or the Attorney General in concert with an attorney, if you choose to hire one.
From what point in time do I have to pay Child Support?
Child Support begins from the time an order for child support is placed into record and signed by the judge.
If at some point before the order was signed, say for example at a medication, the issue of WHEN the child support would begin came up and was addressed, then it would start whenever the two parties come to an agreement as to when it would start. So, if you are facing Child Support as a result of a divorce, some couples may agree to start the child support from the date of separation, or the date the divorce was initiated.
But outside of that, if you’re being taken to Child Support court and your ex and yourself are representing yourselves pro se (on your own), then it is likely that the Child Support will begin once the order is signed.
Child support stops at 18, right?
Not necessarily. Yes in most instances, but it does not clear you from paying out the balance from before they were 18. In other words, if you never made a payment before they turned 18, or you missed payments, the balance (or your arrears) will continue on past the age of 18 and accrue interest. If the child is deemed special needs or is in need of medical support for their entire lives, then Child Support can continue on past the age of 18, and for the rest of the child’s life.
If my ex agrees, can they clear my arrears?
It’s not likely, especially if the child accesses state benefits, but you may be able to get some of the balance cleared out if your ex agrees. But the Attorney General will make sure that you pay your fair share of any balance that accrued because of your child’s use of state benefits (Medicaid, WIC, etc.).
Does paying Child Support give me the right to claim my children on my tax return?
No. Whoever has the child 51% of the time is the primary custodial parent. Because they have the child MOST of the time, and they take on MOST of the financial burden of raising the child (even if you believe otherwise), they will be the ones to claim the child on their income tax return.
If I don’t pay my Child Support, can my ex stop me from seeing my child?
No. Child Support and Child Custody are seen as two separate issues. Just because a person is not paying does not mean the other parent can prevent the child from seeing the other parent.
Often Child Support is a singular issue, and the Attorney General’s office will set up a Standard Visitation child custody order that is very basic and straightforward in order to get some semblance of order in your lives.
If you have questions about Child Support, our office can definitely get you on to the path of relief. We can answer additional questions that are more complex and tailored to you specific situation, and we can even calculate the amount of Child Support you should pay based on your current wage information and family structure (i.e. 1, 2, 4 or 6 children). Call our office today to set up a consultation at (956) 255-5555.
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