What is a violation petition for child support?

For a violation petition, both parents have the right to an attorney, but only the parent who has to pay support can have an attorney assigned if he/she cannot afford one. The court will decide whether nonpayment was willful or non-willful.

How to object to a child support order?

To object, you need a copy of the signed child support order. You also need a copy of the Findings of Fact that the hearing examiner used to decide the order. A Findings of Fact is a written statement by the hearing examiner of the facts that he or she thought were important and true for making the decision.

What happens if a child support order is reduced?

If the order was reduced, this means you may get a credit toward future payments. If the order was increased, you may owe arrears (a-REERS) to make up the difference from what you were paying to what you are now required to pay. Arrears means child support money that is unpaid.

Who is the person who makes the child support order?

The person who made the child support order was a support magistrate (sup-PORT MAH-jis-trate). Support magistrates, also called hearing examiners (HEER-ing ex-AM-in-ers), make decisions about child support cases. When you object, a Family Court judge reviews, or looks at, your case. What do I need to file an objection?

How to file a rebuttal in a child support case?

Serve the other party in your case with a copy of your rebuttal. You can serve your rebuttal in person or through the mail. You MUST serve your rebuttal and file an Affidavit of Service for the rebuttal and the original copy of the rebuttal with the court within 13 days of getting the objections.

How to avoid getting child support unfairly increased?

To avoid getting child support payments unfairly increased, be sure to reach out to a local lawyer to determine what your options are. Furthermore, the court allows for modifications but needs the parent to initiate the process and show the valid reasons for a modification of the child support order.

How does income affect a child support order?

In some states, the change in income must affect child support payments by a minimum percentage before courts will modify support orders. In New York, for example, courts require a 15% increase or decrease in either parent’s income.

Can a child support order be changed retroactively?

For many other reasons, going to court to change child support does not seem like a priority to them. BUT if you wait, you will not be able to change your child support order as of the date you lost your job or your income went down. CHILD SUPPORT CANNOT BE CHANGED RETROACTIVELY!

When does the OIG need to investigate a child support case?

Upon referral from state or local agencies, OIG may be asked by these agencies to investigate child support cases that may involve the following situations: the noncustodial parent willfully fails to pay child support for more than 1 year, and the State where the child lives is different from the State where the noncustodial parent lives;