WHY YOU SHOULD FILE FOR CHILD SUPPORT

Its a touchy subject. You broke up. There are hard feelings. There are children involved. The last thing you want to do is cause more drama by filing legal papers in court for child support. But you need to protect your children financially. Child support is a percentage of the non custodial (parent who doesn't live with the child) parent's income. These funds are paid to the custodial parent (the parent who lives with the child), to care for the child by order of the court. Here are some reasons why you should bite the bullet and file for child support:

ITS NOT YOUR MONEY
Many parents are mistaken about child support. Some parents feel that child support is "extra" money for the custodial parent. This is not the case.

Child Support is the property right of the child.

The payments are based on a formula, which calculates approximately how much money the non custodial parent would have used on care for the child had the family been together. Because the child is too young to file papers for themselves, the custodial parent does this for them. The funds actually belong to the child. Once the child support order is filed with the court, if the income of the non custodial parent changes, a modification must be made by the court. Neither parent can use self help to change a child support order.

NON CUSTODIAL PARENT "NOT WORKING?" FILE ANYWAY
Child Support is based on a percentage of the non-custodial parent's income. Sometimes this parent may hide their income and assets, refuse to work, or refuse to work "on the books" to avoid paying. Protecting the child's financial rights is very important. File a claim as soon as you can. Get it done and out of the way. If the court finds the hidden income, finds that the non custodial parent is refusing to work, or has willfully quit their job to avoid child support payments, you may be due arrearage payments. However, if you've never filed the paperwork, you could miss out on funds for your child. Be proactive. File your child support paperwork first. Ask questions later.

THE CHILD NEEDS FINANCIAL SUPPORT FROM BOTH PARENTS
Children are expensive. There is no way to contain the cost of a child. There are too many moving parts and unexpected urgent or emergency expenses that all children have. There is no way to plan for every expense. Because the federal, state and local governments have budgets cuts, they have cut funding for relief to children and families. One of the results is a more vigorous effort to get the non custodial parent to cover expenses for their own children.

In 1992, the federal Uniform Interstate Family Support Act was passed. This act made is easier for states to enforce child support orders across state lines.

Long gone are the days when custodial parents could apply for social services without giving the name of the non custodial parent. Also long gone, are the days when the non custodial parent could simply leave the state to avoid a child support order. Unfortunately, these changes in Child Support law were not based on concern for the welfare or well being of the children. Its not based on the courts' personal vendettas against the non custodial parent, either. It has much more to do with budget cuts.

BONUS: SHOW YOUR CHILDREN YOU CARE
Custody and/or visitation are separate from child support payments. Custody and Visitation are handled in a different court proceeding, and are generally based on the best interest of the child. Child Support, as I mentioned above, is the property right of the child, owed once legal parentage is established by marital status, birth certificate and/ or genetic testing. Child Support is NOT a pay for play proposition. Parents cannot refuse to comply with the child support order because they did not see their child. Parents also cannot refuse to comply with a lawful custody or visitation order because the child support is unpaid. If any of these orders need to be changed, the remedy is to return to the appropriate court for a modification.

Emotional support, visitation and involvement in the child's life is very important. However, financial support is just as important. Having enough clothes, shoes, food, healthcare, lightbulbs and toilet paper, is just as important as that trip to the ball park with the non custodial parent. The child will grow up knowing that even though the parents didn't not work out their relationship issues, s/he was important to, and loved by, both parents. When the child's basic needs are met, they can go on to succeed and excel in school, sports, the arts and grow up to become positive and successful.

The child may not understand fully, or have the language to describe it, but they feel the love and support when the non custodial parent pays their fair share, and when the custodial parent cares enough to protect the child's financial resources and file for child support. "where your treasure is, there your heart will be also" (Luke 12:34)

Let's Be Careful Out There.