Professional Documents
Culture Documents
ARKANSAS EDITION
Copyright 2007
Lower your support and make sure your money is actually being spent on your children once you master simple techniques that anyone can learn!
Stop losing out the X on child support and use our powerful strategies that gain equal rights in an unfair court system. - Guaranteed! If you think you are paying too much in child support, you probably are. If you are a non-custodial parent paying child support, youre in the right place. If you are paying unreasonable child support you are the victim of one of the most intrusive as well as biased aspects of family law today.
Tired of unfair, biased support calculations and inflated wage assignments the
courts call judgments.
Tired of being required to account for any and all income received but
watching as absolutely no accountability of how money is spent by the custodial parent.
Tired of felling like a helpless victim of unfair and partial child support
legislation with no end in sight.
We are too!
Dont let family and friends tell you that youre screwed, and that custodial parents have the upper hand. You still have rights and can write your own ticket in this unfair system.
The purpose of this is to inform and educate non-custodial parents paying child support, how to protect yourself against unfair and inflated judgments and offer a guide to minimize child support payments. No one denies that a non-custodial parent has a duty to support his or her children. This is not advocating the non-payment of child support or approves of anyone who tries to elude his or her obligation. We are law-abiding parents who love their children but through unfortunate circumstance have been cast into a nightmare of a child support system that has been in desperate need of an overhaul. A support system that is at best unfair, and at worst unconstitutional. Make no mistake about child support collections, its big business. It is in the public agencies best interest to collect as much as possible from non-custodial parents because the funding they receive is directly proportional to the amounts they collect. Private companies have made child support collection a million dollar a year industry. With this take em to the cleaners philosophy by the public and private sector, coupled with a very dim view held by the media and the courts toward non-custodial, a parent does not stand much of a chance against over the inflated judgments waged upon them. The non-custodial parent is held accountable for where they are employed, where they live, and any and all income. The custodial parent is held accountable for nothing. According to the law, the court must presume that the custodial parent is supporting the child. The custodial parent receives money on behalf of the child. If child support money is used to pay for a new house or car shouldnt the child have equity, or be named on the deed or title? By keeping support payments at a minimum a non-custodial parent can make direct purchases of food, clothing and services for the children. Until legislators step in, (which may take years) non-custodial parents will continue to feel helpless, depressed and powerless in light of unfair and inflated support judgments against them. Now dont get us wrong we are not advocating an avoidance of paying your responsibility, but we do believe that in many circumstances these child support payments tend to become mother and boyfriend support payments. Only you can be the judge of that and whether this is a good option for you to pursue.
1. Continue to pay grossly inflated support payments hoping someday legislation will change. Meanwhile living a substandard quality of living than youre entitled to. 2. Simply do not pay or flee. Aside from being ludicrous, this will negatively impact the child. In addition, with this type of irresponsible action, arrearages simply add up plus lead to incarceration. 3. Educate and protect yourself by learning techniques from child support savings.com.
Childsupportsavings.com is a source of support and information for the man or woman facing separation from their children including support, insurance and child care issues. This is a rough new road ahead and you can benefit from the experience of those who have gone before you. (and perhaps learned the hard way!) By the way - Shawn Combs aka Puff Daddy is currently paying over $30,000 per month in child support for one child. (well and maybe the mother too) Ouch!
FACTS
The U.S. Census Bureau has reported that fathers with joint custody pay 90.2% of all child support ordered; fathers with limited visitation rights pay 79.1%; and 44.5% of those fathers with no visitation rights still financially support their children. 30% of custodial mothers not receiving child support have never asked for or do not want child support. 25% of custodial mothers do not receive child support because the father is unable to pay. 20% of custodial mothers not receiving child support have made other financial arrangements with the father. 11% of custodial mothers not receiving child support do not have a child support order. Of ten million custodial mothers only 7% (one out of fourteen) do not receive child support because of a deadbeat dad. 63% of youth suicides are often from fatherless homes. (Source: U.S. D.H.K.S., Bureau of the Census) 90% of all homeless and runaway children are from fatherless homes. 85% of all children that exhibit behavioral disorders come from fatherless homes. (Source: Center for Disease Control) 80% of rapist motivated with displaced anger come from fatherless homes. (Source: Criminal Justice & Behavior, Vol 14, p-403-26, 1978) 71% of all high school dropouts come from fatherless homes. (Source: National Principals Association Report on the State of High Schools) 75% of all adolescent patients in chemical abuse centers come from fatherless homes. (Source: Rainbows for all Gods children) 70% of juveniles in state-operated institutions come from fatherless homes. (Source: U.S. Dept. of justice, special report, Sept. 1988)
These facts translate to mean that children from a fatherless home are: 5 times more likely to commit suicide. 32 times more likely to run away. 20 times more likely to have behavioral disorders. 14 times more likely to commit rape. 9 times more likely to drop out of high school. 10 times more likely to abuse chemical substances. 9 times more likely to end up in a state-operated institution. 20 times more likely to end up in prison.
How is Arkansas child support determined? In Arkansas, either parent may be ordered to provide child support. The decision by the courts to order a reasonable amount of child support are based on the following factors:
the circumstances of the parents and the child; the nature of the case.
Arkansas has official child support guidelines that determine child support paid based on the parents income and other financial factors. These guidelines are designed to be in the best interests of the child. When the payers income exceeds that on the state guideline chart, the following percentages are used:
One dependent: 15% Two dependents: 21% Three dependents: 25% Four dependents: 28% Five dependents: 30% Six dependents: 32%
The state child support guidelines will be used by the court to determine the child support payments unless this amount is determined to be unjust, and the court makes written findings on the record that the application of the support chart would be unjust and inappropriate. At what age does child support payments end? Generally, the obligation ends when the child reaches 18 years of age or the child graduates from high school, whichever occurs later. A child will also
automatically be ineligible for child support if that child marries, is removed from disability status by a court order, or the child dies. Arkansas's custody guidelines: When it comes to awarding child custody in Arkansas, the decision will be made without regard to the sex of the parent. The court considers the welfare and the best interests of the child, as well as the following factors:
the circumstances of the parents and the child the nature of the case which parent is most likely to allow frequent and continuing contact with the other parent and any acts of domestic violence
Joint custody may be awarded if it is found to be in the best interests of the child. Arkansas's medical insurance guidelines: Generally, a determination about who is going to provide medical health care insurance for the children and how uninsured medical bills will be paid is part of the marital settlement agreement set out in the divorce process. There is a standard medical order which requires both parents to carry medical insurance at their place of employment if it is available at a reasonable cost. Also under this order, each party is required to pay half of the medical expenses of the minor child not covered by the insurance. If the non-custodial parent has been ordered by the court to pay medical support or to maintain health care coverage, this parent is subject to income withholding for the health care coverage in Arkansas. A court may issue an income deduction order to insure that the required health care coverage is being provided for the children of the parties. The income withholding order will become effective as soon as the child or children are enrolled in a health insurance coverage plan. Once activated, income withholding shall apply to current and subsequent periods of employment. Furthermore, income withholding for health care will have priority over all other legal processes against the earnings of the noncustodial parent except an income deduction order for child support. How permanent are the provisions for Arkansas child support and custody? As in most states, court orders providing for support and custody of children are subject to modification after a divorce if there is a substantial change in
either of the parties circumstances, such as a significant increase or decrease in income. In Arkansas, the criteria for a modified court order includes:
both parents offer their consent for a modification there is a 20% or a $100 change per month in the payers gross income
In Arkansas, reviews of court orders occur once every 36 months from the date of the most recent order or the most recent review. While all orders concerning the children are modifiable in the future, we encourage you to not enter into an agreement based on the idea that it can always be changed or modified later. Wage garnishment for child support payments: Yes. Almost every state, including Arkansas, has a provision for withholding child support directly from the earnings of the parent who has been ordered to provide support. In fact, in Arkansas, all child support orders issued include a provision for immediate implementation of income withholding, barring any good reason not to require immediate withholding. The way money is withheld is very similar to the way income tax is withheld. This way of paying and receiving child support is generally easier for both parties and considered a very dependable solution. The way it typically works is, once the support is withheld, it is then sent to the state agency authorized to receive and disburse payments. Once it has been verified that the support was paid, it is then sent to the custodial parent. How does joint custody work? In Arkansas, joint or shared custody may be awarded if the court determines it is in the best interests of the child. Specifically, joint custody is a form of custody of minor children that requires both parents to share the responsibilities of the children, and for both parents to approve all major decisions related to the children. While it is a 50-50 sharing of responsibilities and major decisions affecting the children, it rarely works out to be a 50-50 sharing of time with the children. Usually one parent is named as the primary joint custodian and the other parent is granted visitation. The primary joint custodian typically retains the decision making power to determine the childs primary residence and school and to designate things such as the childs primary physician.
How Arkansas determines child visitation: The state guidelines assume that the non-custodial parent or the parent who is not the primary joint custodian, has visitation rights every other weekend and for several weeks in the summer. Is there a statute of limitations on collecting unpaid child support? Yes, prior to 1998 the statute of limitations was 10 years. In 1998 a change was made to the statute lowering it to 5 years, and was not retroactive. In other words, the custodial parent still has 10 years to collect those missed payments if the cases is prior to 1998. For all cases after 1998, the custodial parent only has five years. Is there any interest applied to unpaid child support in Arkansas? In some instances, interest is applied. There is a 10% interest penalty applied to missed child support payments. There is also a 10% interest penalty applied to adjudicated arrearage in other words, past due child support payments for which there was a court order. There are, however, no interest payments applied to retroactive child support.
B.
C.
D.
FINANCIAL CONSIDERATIONS These are typical components on most court ordered support documentsyour case may not require all of these. Know what you are required to do and for how long! A. Insurance for the Child Are you required to provide it? 1. 2. 3. B. Company sponsored health plan where you work. Individual insurance policy State Coverage (many states have an umbrella type of child coverage)
Child Care (day care) Expenses Are you required to provide $ for it? 1. 2. 3. Is it a % of the total childcare expenses? How is this $ verified to the court? Hopefully cancelled checks will be provided so you can know this is actually being paid. Who is providing this care for your childyou have a right to some input regarding who this is. Its not some unemployed relative who is claiming to be paid $1500 / month is it?? It happens all the time.
C.
Life Insurance on you with the child as beneficiary. Are you ordered to provide this? If not do you want to anyway? Probably a very good idea. 1. 2. Employer sponsored life insurance plan. Probably your cheapest option term coverage. Individual life insurance policy.
D.
College Funding Are you required to pay for it by court order and if so how much a month or year and into what type of investment? (If there are any restrictions on what type of investment product it will say in the court order.) 1. UGMA / UTMA Account Listed in the childs name and turned over to them at majority age. Now you can still choose the type of investment vehicle inside this UGMA account (CDs, Bonds, Stocks, and Mutual Funds). If you have joint custody typically it means that you get to make these decisions, after all you are contributing the $.
CHILD SUPPORT PAYMENTS YOU ARE REQUIRED TO MAKE THESE! No doubt about it. Make sure you are familiar with the process of payment. This varies dramatically state by state. You are required to pay a percentage of your net (after tax) paycheck The NET amount is the key! Three things affect your gross and net check amounts: 1. Deductions for Retirement Plans 2. Deductions for Health Insurance 3. Deductions for Taxes What is left is your NET check amount. Not all states include retirement plan contributions as an eligible deduction. Check your specific state to see if you can use retirement plans contributions to reduce your net check.
* NOT MANY PEOPLE KNOW THIS! * When you started your job way back whenever you completed an IRS W4 form that listed your name, address, social and how many dependents you are allowed to claim. There is also another box (line 6) on this form where you are asked is there an additional amount that you would like to withhold from your check for taxes? Nobody ever does this right? Wrong! NOW IS THIS TIME!!! You can submit a new W4 form to your employer at any time and they have them on hand. You can specify an additional amount that you can handle to be withheld from your check or about 20% of your gross income to be applied to taxes, however at the end of the year you normally get a refund guess what? YOU WILL GET ALL THAT MONEY BACK! So why would you want to delay getting this money until tax time? Because it will SIGNIFICANTLY REDUCE YOUR NET income, which is, what your child support payment % is based on. Your tax allowances and withholding can be changed as often as needed by law with your employer. Under current law it is totally legal and you cannot be penalized for adding an additional withhold amount on your W4. Next page is an example
Your child support payment is based on your NET PAY dollar amount on your pay stub. The key to lowering your child support payment is to have the most deductions possible on your paycheck. Taking out your work-sponsored health insurance on yourself and your children, 401K plans, and the most taxes possible with additional withholding is what will lower your net pay.
Taking out all these deductions will usually drop your net pay by half. We know this is a lot less money than you are used to making, after taking out these deductions. The good news is that this is just temporary, only short term through your child custody and support case.
Once your child custody and support case is over and your court dates are done, these deductions can be changed back to your original level. You then will be back to your original paycheck dollar amount and comfort of what you are used to making. The courts calculation for deciding the child support payment amount is a 1 time finding during your court case based on your pay stub. This is not an ongoing process of checking what you are currently making for your child support payment percentage.
You can then reduce your heath insurance and 401K plans, as well as change your tax allowances and deductions back to what they were originally. This will bring you back to what you were making originally and your paycheck amount will be back to what it was before your child custody and support case.
1. Stock options - Instead of earning a straight salary, rearrange your compensation so that you are paid less, but also receive stock options. Stock options are only considered income when exercised, which could be years away. 2. Tax shelters - Invest in tax shelters. The basic structure of a tax shelter is that the tax benefits from the losses outweigh your investment. The tax losses can also serve to reduce your income for child support purposes. Amounts Earned as an Employee If you work as an employee, compensation income generally includes your wages, salaries, tips, bonuses, commissions and similar amounts. But the following items don't count as compensation income:
Investment income such as dividends and interest Pension or annuity income Deferred compensation (payments postponed from a prior year) Any form of income that's not taxable (such as foreign earned income and housing allowance that are excluded from income)
The key to lowering your gross income is to change the way you are paid as an employee. Think of ways you can be compensated than your normal pay through your weekly paycheck.
Does the company you work for provide products and or services that could be useful to you? Request your employer to change the way you are paid to get company services or products, and lower you hourly or salary rate in place of these discounts for company. Tell your boss you would prefer fringe benefits increases over raises in pay.
2.
C)
Consider renting your home office space, shop, vehicles or equipment form your new spouse or your parents. This will give you the additional benefit that rental income is not subject to social security taxes, saving about 20% of your earnings and, of course, you can pay a reasonable amount of rent on the property! D) Let your spouse do the saving
Spend your income and let your new spouse save hers put the earned interest into her separate bank accounts. In some states, this wont work unless you have a pre-nuptial agreement signed before your marriage.
E)
When possible, defer increases of income or commission receipts until after any determination of support and use Section 179 of the IRS Code to the maximum extent possible to lower your income immediately (deductions for business equipment purchases). See your accountant about paying with a charge card to get the full deduction immediately plus increasing your monthly debt (lowers your income). F) G) Tell your boss you would prefer fringe benefits increases over raises in pay. Use one charge card to pay for all medical expenses not covered by insurance and essentials bought for the children and pay the bill off monthly until child support litigation is over. This will normally be allowed to reduce your monthly income when computing child support percentage based awards.
A verbal or written agreement between you and your ex is worthless. Only a judge can agree to lower your support, because only he protects the childs right to child support. Since child support is the childs, not your exs she cannot agree to lower your support. She can agree to a stipulated order for a judge to sign lowering your support. The next page is the form you will use to file a motion for modification of child support.
SUPERIOR COURT OF ARKANSAS COUNTY OF _____________________ In re: CASE NO. Petitioner, and Respondent. I. BASIS ___________________________________________ [Name] represents to the court that: 1.1 PLACE OF RESIDENCE. The petitioner resides in ____________________________________________ The child(ren) reside(s) in __________________________________________ The respondent resides in ___________________________________________
[County and State]. [County and State]. [County and State].
1.2
JURISDICTION OVER PARENTS. This court has jurisdiction over the parents for the reasons that follow. [] [] [] There is a ___________ Order of Child Support. Both parties presently reside in the state of ___________. Other:
1.3 MOST RECENT SUPPORT ORDER. The most recent support order was entered in __________________________ [County and State] on ___________________________________ [Date]. The order requires ___________________________________ [Name] to pay $________ per month for the support of (list name(s) of the child(ren): 1.4 REASONS FOR MODIFYING CHILD SUPPORT. The order of child support should be modified for the following reasons. [] [] The previous order was entered more than two years ago and there has been a change in the income of the parents. ___________________________________ [Name of child] is in need of post secondary educational support because the child is in fact dependent and is relying upon the parents for the reasonable necessities of life.
[]
___________________________________ [Name of child] is a dependent adult child and support should be extended beyond his or her 18th birthday.
[]
The previous order was entered by default. [] The action was commenced by _______ for a child who is receiving public assistance money and modification pursuant to ___________ is appropriate. [] The previous order was entered more than a year ago and: [] [] [] [] [] [] [] The order works a severe economic hardship. The child has moved to a new age category for support purposes. The child is still in high school and there is a need to extend support beyond the childs 18th birthday to allow the child to complete high school. An automatic adjustment of support should be added consistent with ____. Either or both parents should be required to maintain or provide health insurance coverage consistent with ___________.
There has been the following substantial change of circumstances since the order was entered (explain): Other:
1.5
STARTING DATE OF MODIFIED ORDER. [] Does not apply. [] The starting date of the modified child support order should be the date on which this petition is filed. OTHER:
1.6
II. RELIEF REQUESTED The court should modify the order of child support by requiring either or both parents to maintain or provide health insurance coverage consistent with __________ for the child(ren), if not previously ordered, and by: [] ordering child support payments which are based upon the __________ State Child Support Schedule. A copy of the child support worksheet is filed with this action.
[] [] [] [] [] [] [] [] [] [] [] [] []
ordering repayment or credit for overpaid child support since the date of filing this petition. ordering payment of underpaid child support since the date of filing this petition or entering judgment in that amount. requiring a periodic adjustment of support. extending child support beyond ___________________________________s [Name of child] 18th birthday to allow the child to complete high school. extending child support beyond ___________________________________s [Name of child] 18th birthday until (he) (she) is no longer dependent upon either or both parents and is capable of self-support. allowing for post secondary educational support for _______________________ ordering the payment of day care. ordering the payment of educational expenses. ordering the payment of long distance transportation expenses. ordering the payment of uncovered health care expenses. awarding the tax exemption for the children as follows: ordering the payment of attorneys fees and costs. other:
[Name of child].
Dated:
I declare under penalty of perjury under the laws of the state of ________ that the foregoing is true and correct. Signed at ______________________________ [City and State] on ____________________
[Date].
Children and Ages: Part I: Basic Child Support Obligation 1. Gross Monthly Income a. Wages and Salaries b. Interest and Dividend Income c. Business Income d. Spousal Maintenance Received e. Other Income f. Total Gross Monthly Income (add lines 1a through 1e) 2. Monthly Deductions from Gross Income a. Income Taxes (Federal and State) b. FICA (Soc.Sec.+Medicare)/Self-Employment Taxes c. State Industrial Insurance Deductions d. Mandatory Union/Professional Dues e. Pension Plan Payments f. Spousal Maintenance Paid g. Normal Business Expenses h. Total Deductions from Gross Income (add lines 2a through 2g) 3. Monthly Net Income (line 1f minus 2h) 4. Combined Monthly Net Income (add fathers and mothers monthly net incomes from line 3) (If combined monthly net income is less than $___, skip to line 7.) 5. Basic Child Support Obligation (enter total amount in box -------) Child #1__________________ Child #3 6. 7. Proportional Share of Income (each parents net income from line 3 divided by line 4) Each Parents Basic Child Support Obligation (multiply each number on line 6 by line 5) (If combined net monthly income on line 4 is less than $___, enter each parents support obligation of $___ per child. Number of children: ________. Skip to line 15a and enter this Father $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Mother
$ Father . Mother .
amount.) Part II: Health Care, Day Care, and Special Child Rearing Expenses 8. Health Care Expenses $ a. Monthly Health Insurance Premiums Paid for Child(ren) b. Uninsured Monthly Health Care Expenses Paid for $ Child(ren) c. Total Monthly Health Care Expenses $ (line 8a plus line 8b) d. Combined Monthly Health Care Expenses (add fathers and mothers totals from line 8c) e. Maximum Ordinary Monthly Health Care (multiply line 5 times .05) f. Extraordinary Monthly Health Care Expenses (line 8d minus line 8e., if 0 or negative, enter 0) 9. Day Care and Special Child Rearing Expenses $ a. Day Care Expenses $ b. Education Expenses $ c. Long Distance Transportation Expenses $ d. Other Special Expenses (describe) $ $ e. Total Day Care and Special Expenses $ (Add lines 9a through 9d) 10. Combined Monthly Total Day Care and Special Expenses (add fathers and mothers day care and special expenses from line 9e) 11. Total Extraordinary Health Care, Day Care, and Special Expenses (line 8f plus line 10) 12. Each Parents Obligation for Extraordinary Health Care, Day Care, and Special Expenses (multiply each number on line 6 by line 11) Part III: Gross Child Support Obligation 13. Gross Child Support Obligation (line 7 plus line 12) Part IV: Child Support Credits 14. Child Support Credits a. Monthly Health Care Expenses Credit b. Day Care and Special Expenses Credit c. Other Ordinary Expenses Credit (describe) $ $
$ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$ $
d. Total Support Credits (add lines 14a through 14c) Part V: Standard Calculation/Presumptive Transfer Payment 15. Standard Calculation a. Amount from line 7 if line 4 is below $___. Skip to Part VI.
$ $ Father $
$ $ Mother $
Limitation standards adjustments c. Amount on line 15b adjusted to meet a % of net income limitation d. Amount on line 15b adjusted to meet need standard limitation e. Enter the lowest amount of lines 15b, 15c or 15d: Part VI: Additional Factors for Consideration 16. Household Assets (List the estimated present value of all major household assets.) a. Real Estate b. Stocks and Bonds c. Vehicles d. Boats e. Pensions/IRAs/Bank Accounts f. Cash g. Insurance Plans h. Other (describe)
$ $ $ Fathers Household $ $ $ $ $ $ $ $ $ $
$ $ $ Mothers Household $ $ $ $ $ $ $ $ $ $
17. Household Debt (List liens against household assets, extraordinary debt.) $ $ $ $ $ 18. Other Household Income a. Income Of Current Spouse (if not the other parent of this action) $ $ $ $ $
$ $
$ $
Name _________________________________________________ Name _________________________________________________ b. Income Of Other Adults In Household Name _________________________________________________ Name _________________________________________________
$ $
$ $
The one-write system will also provide you a simple way to prove how you spend your money, an invaluable aid when litigating child support awards and preparing budgets for the court. You should have a column heading to correspond to each expense claimed on your financial statement. Save every check you write for child support or for items you buy for the children forever and keep a child support log on a monthly basis.
Here is some of the basis for request for settlement of child support arrearage: The obligor is requesting the expungement of state-owed child support arrears that accrued during the period from ___________ to ____________ because he/she was unable to work and had no income due to: _______ incarcerated _______ physically or mentally disabled _______ change in custody to obligor _______ reunited and living with mother and children _______ other extreme hardship resulting in significant reduction in income
The next page is the form you will use to file a motion for settlement of child support arrears.
) ) ) ) ) ) ) ) )
IN THE CIRCUIT COURT FOR _______________ COUNTY Court Case No.: Child Support Case
STIPULATION OF SETTLEMENT/COMPROMISE OF STATE-OWED ARREARAGE The Defendant, on his/her own behalf, and the state of Arkansas, represented by the attorney for the ___________ County Office of Child Support Enforcement, hereby stipulate to the following: 1. That during the period from ____________ to _____________, the obligor failed to pay all or part of his court-ordered child support obligation, thereby accruing a child support arrearage owed to the state of Arkansas in the amount of $_____________. That the obligors failure to pay child support during the above period was due to __________________________________________________________________ __________________________________________________________________ . That the obligor has agreed as follows: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________
2.
3.
In consideration of the above, in consideration of the obligors payment of the sum of $_______, which payment was made on ________________; the parties hereby agree as follows: 1. The Defendants child support arrears owed to the state of Arkansas that were incurred during the period from _________ to _________ in the amount of $____________ shall be expunged; 2. The obligors child support arrearage shall be adjusted to reflect a total arrearage owed as of ____________ (date) to the state of Arkansas in the amount of $__________, and owed to the Plaintiff in the amount of $_____________; and 3. Any arrears owed directly to the Plaintiff shall remain the responsibility of the Defendant. ___________________________________ __________________________, Defendant Address/Telephone # ________________________ Date
_________________________________ Support Enforcement Agent ______________ Office of Child Support Enforcement Address/Telephone # _______________________________ Attorney ____________________County Office of Child Support Enforcement Address Telephone #
_____________________ Date
CERTIFICATION OF CSEA I hereby certify that I have determined it to be in the best interests of the state of Alabama and of the child(ren) in this case that the Defendants child support arrearage be settled and expunged as specifically described in the above Stipulation of Settlement. ____________________________________ Child Support Enforcement Administration
DISCOVERY
If your ex is attempting to increase your child support, you have a right to determine her financial condition through a process called discovery. To litigate without discovery is almost illegal. Anyone claiming child support must complete the time-consuming and expensive discovery process. Of course, it would be unethical to insist on discovery simply to harass your opponent. Discovery tactics: A. Depositions 1. In a deposition, the party is put under oath and asked questions to determine what they are going to say in court. Depositions are expensive and time-consuming. You must pay attorneys and a court reporter. Often, the costs of depositions deter a party from pursuing claims. 2. If you are deposed, here are some helpful hints. I) Pay attention to your physical appearance. It is important that you make a good impression on the opposing counsel and the opposing party. you should dress as if you were actually going to court. You should be clean and wear nice pants and a white buttondown collared shirt. II) Treat all people in the deposition room with respect. Do not be afraid of lawyers. III) Never state anything as a fact that you do not know. There is however, a distinction between a guess and an honest estimate. IIIV) Do not volunteer any facts not requested. V) Do not try to memorize your testimony. VI) Do not answer a question unless you have heard it and clearly understand it. Ask for the question to be repeated to think about your answer. VII) Answer all questions directly, giving concise answers to the questions and stop talking. VIII) If your attorney begins to speak, stop whatever answer you may be giving and allow him or her to make the statement. IX) Do not let the opposing attorney get you angry or excited. X) Never joke in a deposition, and after the deposition is over do not chat with the opponent or her attorney. B. Interrogatories Interrogatories are written questions submitted to a party that must be answered and returned. They are useful to keep the other party from changing their story or surprising you in court
C.
Requests to Admit These are sent to your ex to narrow the issues so you dont have to prove everything in court, saving a lot of time and legal fees. Requests to Produce These force the other side to produce records you need in court or records they intend to use against you.
D.
UNWED FATHERS
Unwed fathers are often held liable for birth and maternity expenses and usually held liable for payment of child support as if you were married. Some states, however have attempted to limit unwed fathers rights while still requiring them to pay child support. It is imperative that as soon as a child is born, the father files a petition to determine paternity to establish future fathers rights, even if you are currently living with the mother. Remember, there is no presumption that the mother will get custody if you chose to seek custody.
WITHHOLDING ORDERS
If child support is awarded, most states now require an order of withholding be sent to your employer. Your employer will send the child support automatically to the court clerk. If you are laid off and child support is temporarily interrupted, you must either pay the payments yourself or immediately file a petition to modify (lower) child support. You will be granted your petition, often with the family portion of any unemployment benefits being designated as full child support. Of course, you must pay that amount each month and keep detailed records and receipts.
If you dont get your child support lowered by the court, you can count on having to pay all back payments up to date when you get back to work. An agreement between you and your ex is meaningless. You must have a written and signed court order lowering your support.
CONCLUSION
The foregoing ideas will enable you to fight unreasonable demands by litigating the support question to the same extent as any other issues litigated in court. You are entitled to fully use the legal system and all of its procedures and protections. Your ex is using the system against you. You are entitled to use the system safeguards and due process safeguards to oppose her in any ethical way possible. By fighting awards in unreasonable child support, often given without any accounting protection to make sure the money is spent on the children, a father in this way can ensure that at least some of his money is spent directly on his childrens best interests. To prevail however, you will probably need competent, aggressive legal counsel. If your ex has an attorney and you dont you will almost certainly fail. However, just making litigation an unpleasant and expensive battle may prevent the ex coming back the next time for more money. SAVE YOURSELF SOME MONEY!!!