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Child Support Help and FAQs

  1. Do I have to pay child support if I don't know if the child is mine?
    In order to prevent an order of support for a child that is not biologically yours, you should request a paternity test as soon as you are told the child is yours.


  2. Can I get child support for the time before I went to court for support?
    An order of support only dates back to the date the petition is filed, not to when the child was born or when financial contribution stopped.


  3. My child's other parent does not work but lives off of his parents, can they be forced to pay his child support?
    In circumstances where the non-custodial parent is unemployed, the courts may "impute" income if it believes that that parent has financial means to support the child(ren). You should consult with an attorney.


  4. My child's other parent says he/she does not work but I know that he/she does, is there any way to prove it?
    If you believe the other party is not being honest with the court about income, assets, etc. you may need to hire an investigator to obtain proof of these things. You should consult with an attorney.


  5. I have not been receiving any support can I stop visitation?
    If the non-custodial parent is intentionally not paying child support, in addition to other sanctions available to it, the court may suspend visitation.


  6. Can I ask for my child's other parent to help pay for other expenses even though he/she pays child support?
    An order of support should explicitly indicate if the non-custodial parent is responsible for additional expenses such as daycare. Otherwise, there is no obligation for the non-custodial parent to pay additional expenses.


  7. I lost my job and need more money from my child's other parent, can I get it based on this?
    Proving a substantial change in circumstances is necessary when petitioning the court for additional or an increase in support.


  8. Is it true that child support automatically increases every year?
    There is a "cost of living adjustment" automatically assessed every three years on child support obligations by the Office of Child Support Enforcement.


  9. Can the court decide to make the other parent pay more or less than the percentage in the Child Support Standards Act?
    The courts have discretion to deviate from the Child Support Standards Act in some circumstances, however those circumstances are limited.


  10. What can happen to me if there are outstanding arrears?
    If you currently have outstanding arrears, the Support Collection Unit has a range of sanctions they may impose. Your bank account may be levied upon, your license (driver's and professional) suspended, your tax returns seized and you may be denied a passport.

Contact our office to get a free phone consultation.