Coleman Process Service, Inc.
Child support
The right to child support and the responsibilities of parents
has been internationally recognized. In 1992 the United Nations
Convened on the Rights of the Child.  During this  convention
every member nation of the United Nations signed a binding
declaration that declares that the upbringing and development
of children are the responsibility of both parents. This is a
fundamental human right for children, and asserts that the
primary responsibility to provide such for the children rests with
their parents. Click Here to get started
Legal Theory
Child support is based on the policy that both parents are
obligated to support their children, even when the children are
not living with both biological parents. Though courts typically
permit visitation rights to non-custodial parents, in such
separations one parent is often awarded custody and the role
of primary caregiver. In such cases, the other parent still
remains obligated to pay a proportion of the costs involved in
raising the child.

Child support may also be ordered to be paid by one parent to
another when both parents are custodial parents and they
share the child raising responsibilities. In rare cases, a parent
with sole custody of his or her children may be ordered to pay
child support to the noncustodial parent to support the children
while they are in the care of that parent.
In most jurisdictions there is no need for the parents to be
married, and only paternity and/or maternity affiliation need to
be established for a child support obligation to be found by a
competent court. Click Here to get started
Child Support Laws
Child support laws and regulations vary around the world. Legal
intervention is not mandatory.  Some parents have informal or
voluntary agreements or arrangements that do not involve the
courts, where financial child support and/or other expenses are
child or children.
In some jurisdictions, if you are currently receiving public
assistance, child support payment can be used to offset the
amount that you receive.
A resident or custodial parent receiving public assistance, as in
the United States, is required to assign his or her right to child
support to the Department of Welfare before cash assistance is
received.
Another common requirement of welfare benefits in some
jurisdictions is that the custodial parent must pursue
child support from the non-custodial parent.
Court procedures for obtaining
Child Support
In divorce cases, child support payments may be determined as
part of the divorce settlement, along with other issues, such as
alimony, custody and visitation. In other cases, there are
several steps that must be undertaken to receive court-ordered
child support.
Some custodial parents may hire lawyers to oversee their child
support cases for them; others may file their own applications in
their local courthouses.
If  you hire a lawyer or you file on your own, you will still need
someone to serve your documents to the other party. This is
when you need to hire a professional process service such as
Coleman Process Service. Your documents must be delivered
in a timely matter according to the law in that jurisdiction. If they
are not served properly your case can be dismissed and you
will have to start the entire procedure over.  So make sure that
you hire a professional.  In most cases you may be able to
recoup the cost in court.
While procedures vary by jurisdiction, the process of filing a
motion for court ordered child support typically has several
basic steps.
Calculating Child Support
If the child has special needs, such as treatment for a serious
illness or disability, these costs may also be taken into
consideration
Guidelines for support orders may be based on laws which
require non-custodial parents to pay a flat percentage of their
annual income toward their children's expenses.  

In the United States, the federal government requires all states
to have guideline calculations that can be verified and certified.
These are usually computer programs based upon certain
financial information including, earnings, visitation, taxes,
insurance costs, and several other factors.
Once established, child support orders remain static unless
otherwise reviewed. Custodial and non-custodial parents
reserve the right to request a court review for modification,
typically one year or more after the issuance of the order.

For instance, if the non-custodial parent becomes unemployed
or faces financial hardship, he or she may petition the court for
a reduction in support payments.

Conversely, if the child's expenses increase, the custodial
parent may ask the court to increase payments to cover the
new costs. Although both parents have the right to petition the
court for a support order adjustment, modifications are not
automatic, and a judge may decide not to alter the amount of
support after hearing the facts of the case.

That is to say, simply because a non-custodial parent's income
has decreased, a court may find that the decrease in income is
of no fault of the child, and will not decrease the child's
expenses, and therefore should not have an impact on him or
her financially.

Likewise, a court may find that an increase in the child's
expenses may have been calculated by the custodial parent
and is not necessary, and therefore the support obligation of
the non-custodial parent should not increase.
Payment and Distribution
Child support payments are distributed in a variety of ways. In
cases where a non-custodial parent is liable for specific
expenses such as school tuition, he or she may pay them
directly instead of through the custodial parent.
In some jurisdictions, non-custodial parents are required to
remit their payments to the governing federal or state child
support enforcement agency. The payments are recorded, any
portion required to reimburse the government is subtracted,
and then the remainder is passed on to the custodial parent,
either through direct deposit or checks.
Regarding families formerly on assistance, current support is
paid to the family first, and only after said support is received,
the government may then collect additional payments to
reimburse itself for previously paid assistance to the custodial
parent. To the extent that the amount so collected does not
exceed the amount required to be paid to the family for the
month in which collected, the State shall distribute the amount
so collected to the family.
Enforcement
Regulations and laws on the enforcement of child support
orders vary by state and local jurisdiction. In the United States
child support enforcement is also handled largely at the state
level, but non compliant parents who meet certain criteria, such
as traveling across state lines to circumvent orders or owing
more than two years of support payments, may be subjected to
federal prosecution under the Federal Deadbeat Punishment
Act.
Consequences of non-payment vary by jurisdiction, the length
of time the parent has been non-compliant, and the amount
owed.
Typical penalties include wage garnishment and denial or
suspension of drivers, hunting and professional licenses. In the
United States, non-compliant parents who are more than $2500
in arrears may be denied passports under the Passport Denial
Program.
Non-compliance may also be treated as a criminal offense, and
may result in prison sentences, fines and property seizure.
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Licensed New York State Process Server #1307150
Laurelton, New York, 11413
Office:(718)506-8961 / Fax#(718)528-3439
Child Support is the financial support paid by the non-custodial
parent to help support a child or children. Money is given to the
custodial parent, guardian, or government on a regular basis,
usually until the child reaches the age of 18 or 21 years old
depending on the jurisdiction. This can be agreed upon
voluntarily between the two parents or determined by judicial
intervention.
1.The custodial parent, or his or her attorney, must go to the
Family Court in their jurisdiction to file a summons and petition
for the establishment of child support. The information required
varies by jurisdiction, but generally collects identifying data
about both parents and the child(ren) involved in the case,
including their names, social security or tax identification
numbers and dates of birth. Parents may also be required to
furnish details relating to their marriage and divorce, if
applicable, as well as documents certifying the identity and
parentage of the child(ren).
Local jurisdictions may charge fees for filing such applications,
however, if the custodial parent is receiving any sort of public
assistance, these fees may be waived.

2. Once the non-custodial parent is located, he or she will be
visited by a local sheriff, police officer or process server and
served with a court summons. The summons informs the
non-custodial parent that she or he is being sued for child
support. Once served, the non-custodial parent must attend
a mandatory court hearing to determine if he or she is
responsible for child support payments.

3.In cases where parentage of a child is denied, has not been
established by marriage or is not listed on the birth certificate,
or where paternity fraud is suspected, courts may order or
require establishment of paternity. Paternity may be established
voluntarily if the father signs an affidavit or may
be proven through DNA testing in contested cases. Once the
identity of the father is confirmed through DNA testing, the
child's birth certificate may be amended to include the father's
name.

4.After the responsibility for child support is established and
questions of paternity have been answered to the court's
satisfaction, the court will order the non-custodial parent to
make timely child support payments and any other provisions,
such as medical orders, will be established.
The first payee for child support depends on the current
welfare status of the payee. For example, if the custodial parent
is currently receiving a monthly check from the government, all
current support collected during said month is paid to the
government to reimburse the money paid to the custodial
parent.
One focus of Article 27 of the Declaration on the Rights of the
Child is the establishment and strengthening of international
treaties to further aid in child support order enforcement across
national and international boundaries. Under these
agreements, orders established in one country are considered
valid and enforceable in another country,
and may be pursued through local court processes. The goal of
such conventions is to ensure that non-compliant parents will
not be able to evade support payments by crossing an
international border.