If you are the primary caregiver for your children, you have the right to get financial support from your former spouse to help in raising your children. To reach your goals, you must first understand the child support process in Hamilton County. Fortunately, a skilled attorney could help.
To begin the process, a parent must file a petition for child support. A court will then typically set a court date within 60 to 90 days of filing. It is important to remember that if a custody case is pending in another court, the child support case may be put off until that is resolved.
Because the court wants to get the payments started as quickly as possible, both parents are asked to bring in proof of income and provide the court with information regarding parenting time with the child. Based on that information, the court then creates a support amount.
One of the most important documents a court asks for in a child support case is both parents’ income through a W-2 form or a paystub. They also often ask for any information regarding prior child support payments. If there is a dispute over the parenting time, each parent must also provide proof of the amount of time they each spend with the child or children.
There are other factors in the child support calculation, as well, such as how much a parent pays for health insurance for the child and how much either parent may pay for daycare. The court also often requests recurring medical expenses for the child and any proof on those payments when applicable. A skilled attorney could help a parent requesting child support fill out the remaining necessary information in the child support worksheet.
Pendente lite is often applicable when the two parents are going through a divorce and are living in separate residences. Because a divorce can be a lengthy process, it is not uncommon for one parent to have primary care of the children involved. When this is applicable, the primary caregiver parent is entitled to child support payments during this period. The parent may file a motion to set a child support pendente lite, which requires the other parent to pay child support payments during the course of the litigation. In this case, a knowledgeable attorney could help a parent file for pendente lite and minimize any stress that comes with the order.
If you are the primary caregiver of your children and are trying to get child support from your former spouse in Hamilton County, legal assistance could guide you through the process.
A skilled attorney could present the proper evidence to ensure the claim is asking for an obtainable and adequate amount of financial support. Call today to schedule a consultation.