Filing for Child Support
How to establish and enforce child support orders through the court or state agency.
Child support is a legal obligation for parents to financially support their children. Any parent or legal guardian with physical custody can apply for support from the other parent—you do not need to be married or divorced.
⚠️ Important Considerations
- If paternity has not been established, the court may require DNA testing.
- Support amounts are calculated using state formulas based on income and custody time.
- Hiding income or assets can result in penalties and contempt of court charges.
Step-by-Step Guide
1. Choose Your Path
You can file through your State Child Support Agency (low cost, they handle everything) OR file a private petition directly in Family Court (faster if you have an existing case).
2. State Agency Route
Contact your state's Child Support Enforcement agency. They can locate the other parent, establish paternity (DNA testing), file the court order for you, and enforce payment by garnishing wages. Cost is usually very low (around $25).
3. Private Court Route
File a 'Petition for Support' with the family court clerk. Serve the other parent with the papers. Attend a hearing where a judge reviews financial documents.
4. Gather Financial Documents
Bring recent pay stubs, tax returns (last 2 years), proof of health insurance costs, daycare/tuition receipts, and proof of paternity if applicable.
5. Attend the Hearing
Both parents present their income information. The judge or magistrate applies the state formula to calculate the support amount.
6. Enforcement
If the other parent doesn't pay, the state agency can garnish wages, intercept tax refunds, suspend licenses, and even pursue criminal charges for non-payment.