Paying Child Support

How will I know if legal action has been started to order me to pay support?

You might be served with court papers that ask for a child support order in a divorce or custody case started by the other parent, or in a paternity and support case that is filed by the District Attorney (DA). If you are served with court papers, you must respond in the time given, or the amount of child support that is stated in the papers will probably be the amount in the support order that is signed by the judge. You may contact a legal services or a private attorney if you need legal help.

You might also be sent a Notice and Finding of Financial Responsibility (NFFR). This paper will be sent to you by the Support Enforcement Division (SED) or the District Attorney (DA) and will say how much child support the state thinks you should pay. Once you get the NFFR, you have a right to a conference or a meeting with SED or the DA to try to reach an agreement about the amount of support you should pay.

If you are not able to reach an agreement about the amount of support, you have the right to have an agency hearing. You can represent yourself or bring a lawyer to the hearing. You must ask for the hearing within 20 days after you get the NFFR, even if you have had a conference or a meeting. (If paternity is involved, you have 30 days to ask for a hearing.) If you do not ask for a hearing in those 20 days and do not reach an agreement, you will probably be responsible for the child support asked for in the NFFR. If you disagree with the child support order after the hearing, you have the right to have a court hearing. The hearing decision will explain your appeal rights to you. An attorney can represent you in both the phone hearing, and the court hearing.

Can I stop paying child support if I'm not working?

It is almost always a bad idea to stop paying child support. If you are out of work and have only a small amount of money, you can ask to reduce the amount of your child support. When you go to a hearing to get the amount of support lowered, you want to be able to say that you have been doing everything you can to keep up with your support payments. Paying even a small amount helps prove you are trying.