Maricopa County Court » child support enforcement Sat, 18 Dec 2010 01:07:20 +0000 en hourly 1 Millions of Custodial Parents Have Not Filed For Child Support – Steps on How to File /maricopa-county-courts/family-court/arizona-child-support-family-court-going-to-court/millions-of-custodial-parents-have-not-filed-for-child-support-steps-on-how-to-file/ /maricopa-county-courts/family-court/arizona-child-support-family-court-going-to-court/millions-of-custodial-parents-have-not-filed-for-child-support-steps-on-how-to-file/#comments Mon, 01 Nov 2010 16:09:47 +0000 Maricopa County Court /?p=67878 By Dawnette Lounds-Culp -

One of the biggest mistakes custodial parents make is not filing for child support. By filing for support and establishing a support order, parents can collect payments beyond when a child reaches the age of 18. One of my client was astonished when she began receiving payments and her children where the ages 24 and 28. She had given up but I explained that she did what millions of custodial parents have failed to do and that is to establish a support order. It is very important that when a parent fails to be responsible financial for his/her children, it is then important to file for child support.

When a custodial parent is in the system, regardless of if the noncustodial parent pays or not, an arrear is established and payment will follow when the system finds the parent. I first recommend that both parents discuss what is a fair payment and work together to raise their children. In some cases, this is the best situation and both parents actually do what they say they would do. However, when the noncustodial parent does not live up to the agreement, the next step is to file with the child support enforcement system. I only recommend this because it begins to establish a record of payment and nonpayment and this can work in the favor of both parents, if paid on time.

When asked the question to custodial parents who have not filed for support in the system, why they have not filed, most parents respond that they do not want the father in their children lives. Others respond that the system does not work so why bother. My response is always the same, the system works if you know how to work the system and a child needs the financial support of both parents. I then divulge the biggest secret of the system, financial support of a child has nothing to do with visitation; the two are separate. However, it is then when delving further into the reason why most parents do not rely on the system, most begin to see why it is important to establish record by entering into the system.

One of the biggest fallacies of the child support system for custodial parents is that it does not work. The system works as mentioned before; however, it is the parents in the system that causes it to not to be as functional as it was designed to be. If both parents put first the needs of their children, are being responsible financially, spiritually, and socially and both are actively involved in their children lives then the need of the children are taken care of. The system then works. However, on the other hand, when one parent takes advantage and does not pay, then it becomes harder to enforce the established support order. Moreover, there are some improvement that needs to be made such as making payments accountable for the needs of each child in the system.

One of my clients is very vexed with the system because they cannot find the father. She has given her caseworker his address which is in another state but the caseworker insist that he lives in the same state that she lives in. For over one year, she has not been able to locate the parent. Even though he calls and speaks to his son periodically, he will not give her an address. Therefore, I explain to my client that it is not the system; it is the parent that evades or is reluctant to pay child support. My suggestion to her is to keep the case open and continue to get as much information from the father as possible to report to her caseworker.

When a noncustodial parent does not work a regular job or has his/her own business, it is easy for them to evade and manipulate the system. It is not only their responsibility as a parent to financial support their children, it is also important that they are actively involved in the live of their children. When custodial parents say that they do not want the other parent in their children lives, I explain that is a selfish notion and it should be up to the children. Most parents are emotionally involved with the other parent and the reason for the breakup in the first place is the motivating factor why the relationship is estranged. The relationship that ensues between a mother and a father is different between parents and their children. Only in extreme cases such as the other parent will harm a child shall a parent be restricted from seeing his/her child.

When encountering the child support system, both parents, custodial and noncustodial parent will face four stages: locate the noncustodial parent, establish paternity, establish order and enforce order. Each stage is important and should not be avoided. Sometimes a support order can be established in as short as three months, and others can take years. The more information a parent has to provide to their casework, the quicker and simpler the process becomes. Lack of information such as the address of the other parent or where the other parent works can delay the process.

Filing for support for your children is very important. The financial support that children receive from the other parent is very instrumental in caring and providing for the needs of our children. When custodial parents do not file, they are allowing noncustodial parents to shirk their responsibility. I recommend to parents who say that they do not want the money to open a trust account and save the money and have it available upon graduation from college to their children to provide a fresh start into life.

Here are a few steps to start your order:

o Call your local child support enforcement office to schedule an appointment to open your case.

o Gather as much information as possible regarding the noncustodial parent such as name, birth date, social security number, address, work name and address, telephone number and each child’s name and social security number.

o Bring in birth certificate of each child.

o It may cost $25 to start your case if you are not receiving government assistance.

o Be patient and contact your caseworker on a regular base to get an update on your case. Whenever you receive additional information on the noncustodial parent, provide the information to your caseworker.

There are no reasons why custodial parents should not file for child support or any reasons why noncustodial parents should shirk their responsibility to their children. It is vital that a support order is establish to keep a record of the amount the noncustodial parent should pay. In cases where payments are not received, the system keeps a record and the amount never goes away until the amount is paid or settled by both parents. Our children deserve both parents’ financial support as well as both parents actively involved in their lives.

Dawnette Lounds-Culp
The Face of Child Support

Article Source:—Steps-on-How-to-File&id=3274382

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Child Support Enforcement – Parents’ Obligations and Possible Remedies /maricopa-county-courts/family-court/arizona-child-support-family-court-going-to-court/child-support-enforcement-parents-obligations-and-possible-remedies/ /maricopa-county-courts/family-court/arizona-child-support-family-court-going-to-court/child-support-enforcement-parents-obligations-and-possible-remedies/#comments Wed, 27 Oct 2010 14:24:32 +0000 Maricopa County Court /?p=67698 By Yury Byalik -

The greatest advantage any child can have when being raised is the support of two loving and able parents. However not every child has this blessing and often when one parent is unwilling or unable to do their part, both financially and emotionally, to raise their child, issues of child support enforcement can arise.

Child support is a fundamental right for any child born in the USA, it cannot be waived by a parent by prior agreement and the amount of support an absent parent must pay depends upon a variety of factors.

The two main factors are the parents financial ability to pay, as well as the needs of the child. If the parent in question spends some time each week with the child then this is often taken into consideration by a court and can result in lower support payments being required.

Unfortunately however, some parents do not see financial support of their children as a priority or would rather spend their money on other things, when this occurs issues of child support enforcement arise. This enforcement is generally done through the court system who can order fines, damages and seizure of property if a parent does not pay the child support that they owe. In a minority of cases continued failure can result in jail time.

Naturally of course this is a last resort, as having a parent in jail is most certainly not in the interest of the child.

A successful resolution of child support enforcement will occur through a mediation between both parties after taking a parents wage and necessary expenses into account. The child’s financial support entitlement will always come before any luxuries for the parent in question, however no parent would usually end up paying so much child support that they are unable to sustain themselves.

If a parent feels they are not getting what they are entitled too from the other parent, the best way to achieve further child support enforcement is through a lawyer. If they are successful they can usually sue the other parent for the legal fee’s they have run up as well.

In general, dealing with any parent who refuses to financially support their child will be a tough and stressful process. However, by finding a good value lawyer who specializes in such cases the process can be made easier but it is always of the utmost importance to protect the child in question from any knowledge about child support enforcement issues as this could cause emotional trauma for obvious reasons.

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Article Source:—Parents-Obligations-and-Possible-Remedies&id=5133611

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