Child Support: What to Do and What Not to Do

Jan 6
09:34

2012

Abraham Avotina

Abraham Avotina

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Being served with an order to start paying child support can be a scary proposition. Here are some of the things you should (and should not) do when served with an order to pay.

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Being served with an order to start paying child support can be a scary proposition. There's no question,Child Support: What to Do and What Not to Do Articles if you have financial responsibilities towards your child, they should be handled. The court system however, isn't always fair when handing out these notices. Unless you go into the proceedings with a good lawyer who is watching out for your interests, as well as those of the child, you could wind up paying much more than is necessary. Unfortunately, without knowing better, many people exacerbate this situation by doing things a lawyer would never let them do. Here are some of the things you should (and should not) do when served with an order to pay.

First, make sure you understand when the order will become effective. Some child support orders are sent out well in advance of when you will need to begin paying. On the other hand, you may find yourself in the opposite situation. In this case, the order may be effective immediately, but certain elements such as automatic paycheck withdrawal won't begin for some time. Don't make the mistake of just assuming things will take care of themselves. People who do this often wind up in court, held accountable for back payments.

Do not ever make your child support payments directly to the other party. This is a mistake too many parents make when trying to negotiate these tricky waters and it almost never turns out well. Everything you pay out should go through official legal channels. If you pay directly and the other parent files a complaint that you haven't been paying, you will have no leg to stand on in court. Even if you can prove the money exchanged hands, it will be considered a gift, entirely separate from your legal obligations.

Do your own homework when it comes to how much you should be paying. The court makes mistakes all the time, so you should be absolutely sure that the math adds up. Have a lawyer look at the paperwork if you aren't sure yourself. The last thing you want is to wind up paying more child support than you should. Don't hesitate when making these calculations, either. It will be much easier to make adjustments to the amount you are expected to pay within the first month than it will be after a certain amount of time has passed.

Finally, don't go it alone. They say a person who represents themselves in court has a fool for a client, and this is as true in custody matters as it is anywhere else. A good lawyer can make sure you aren't taken advantage of by a spouse or by the system.