If you have a child and are separated or divorced from the child’s other parent, you might find it necessary to know how to get a child support court order so that you can make sure that your child is taken care of no matter what the situation. While some maintenance agreements may be taken care of outside of court or legal intermediation, many relationships are so complicated, tense or hostile that it is necessary to get professional assistance to make sure that your agreement is set up properly and adhered to.
What is child support?
Child support, also known as child maintenance, is an amount of money paid by one parent to the other parent or guardian of the child. This usually occurs after a separation or divorce when one parent becomes the non-custodial parent and the other is the custodial parent. Both parents are still under obligation to pay for the child’s care regardless of which of them is the custodial parent. Sometimes, the individual caring for the child is not the parent. If the actual parent is still alive and earning money, it is necessary for that parent to pay the care giver the child support.
Sometimes the care giver of the child is the state, another family member or an organisation. It is almost internationally agreed upon that both parents of a child are responsible for that child’s upbringing, development and for maintaining a standard of living conducive to healthy development and growth regardless of whether they are married, where they live and what their interest in the child is.
Child support must be paid by the non-custodial parent incrementally (usually every month) until the child has become an adult of in the event of the child’s death. The amount can be increased or decreased depending on the resources and income of the non-custodial parent and the needs of the child.
Who can apply for child support?
Usually, the custodial parent will apply for child support. In most cases, the non-custodial parent will provide financial support without having to use the law to get it out of them. However, if this is not happening then the custodial parent, guardian or care giver of the child can apply for the child support.
How to calculate the right amount of child support
Forget online child maintenance calculator type facilities, a court of law will decide how much support is due from the non-custodial parent by looking at the answers to two questions:
- How much money is needed to support the child?
- How much money does each parent earn monthly?
The court will then decide what the payable amount is and the non-custodial parent will have to pay the full amount when it is due. Sometime, if the non-custodial parent was the sole breadwinner and has left the custodial parent to care for the child, they will also have to pay spousal support. This is separate to child maintenance and must be worked out and handled separately.
However, if the custodial spouse or ex-spouse is having difficulty getting the non-custodial spouse to pay the child maintenance and the spousal maintenance, it is likely that they will be in serious financial difficulty and be unable to afford a lawyer. However, there are avenues for people in this situation. Maintenance Services 4 U is a great resource for custodial parents and will direct you in the right direction and be able to offer support and guidance in getting a court ordered child support grant.
How to get a child support court order
The first step is to apply for maintenance at your local Magistrate’s Court. You will need to fill in a form and submit information about your expenses and income. The court will then set a date for you and the non-custodial parent to come in. Your application and claims will then be investigated and if all is in order the court will serve a letter to the non-custodial parent. The non-custodial parent can then either appear in court to contest the matter or pay the maintenance.
If the individual agrees to pay the stipulated amount, the court will provide the paperwork and the matter will be resolved. If not, they must attend court and contest the matter. The court can then find them liable to pay maintenance and determine the amount and date of payment.