How do child support hearings work?

Natasha B

Be honest, you never have to remember what the truth is because it is always the same.

Most of the questions asked will be directed at the father since he is the one who needs to pay child support.

Questions like where does he work.
How much does he make and did he bring pay stubs. They will also tell him he has to provide insurance for them.

If he is a deadbeat that will show plain as day.

Judges are usually biased towards women in family court(because there are so many deadbeats out there)
So you should be okay.

sensible_man

There won't be many questions. The judge will review your ex's pay records and most have a schedule to compute Child Support payments. This schedule takes personal feelings of a judge out and is based on percentages of the difference between the two parents wages. An account will then be set up for him to pay the support. You may also have visitation discussed and ordered by the judge.

beverly

In most child support hearings, both parties will have to file 'income and expense' forms. Child support, in most states, is based on a calculation that takes into account the numbers found on those forms as well as the percentage of custodial time. (In California, the Courts use a program known as 'DissoMaster'.)

On an income/expense form, the Court is trying to determine how much a person makes and how much of that income is reasonably available to support the children. This does not mean that the Court will consider every 'expense' as a legitimate 'deduction' from the available amount. Money spent on other children from a different relationship would count; money spent on monthly trips to the spa might not be given as much (or any) credibility.

In the end, it is generally the case that the custodial parent will receive child support from the non-custodial parent. However, large differences in income can tilt that the other direction, and the closer the custodial time is to 50/50 the easier that is to do. For example, in my own case I make so much more money than my ex that I end up paying THEM child support, even though my ex only has the child two days out of every two weeks (every other weekend). It's a very small amount - but the point is that such a situation is possible.

The Judge will not get 'rude' with anyone unless they offer a provocation to the Court. Keep in mind that the person you will be talking to has a considerable amount of leeway; the best advice when dealing with a Judge is to limit your answers to the question that is being asked and be respectful no matter how 'personal' or intrusive the question seems. As another poster mentioned, be completely truthful; if you get caught lying you will be in for a rough ride.

The issues regarding your ex's behavior likely will not be part of a child support decision, except inasmuch as those things WOULD be part of a child *custody* decision. His behavior towards the child would directly impact how much custodial time he receives which, in turn, would impact the support calculation. If the custodial time is not being reviewed then the only thing the court will care about is how much support will be ordered. If he later refuses to pay or misses payments, in many counties the payments can be collected directly by some agency (in my county, it is the District Attorney's office) and if they fail to make *those* payments they can be jailed.

If you do not have an attorney I would strongly recommend you get one. The cost may seem prohibitive, but consider the fact that you are dealing with something that will impact you and your children for years. A competent attorney will be familiar with all of the Family Law procedures in your area as well as the specific procedures of whatever Court you will be in. I am reasonably certain that I could obliterate my ex with my own filings - however I would *never* consider going into Court without a legal professional there to represent me.

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