Steps to Take to Prepare for a Child Support Hearing

Child support hearings are crucial legal proceedings that determine financial obligations for supporting a child.

Preparing for a child support hearing requires an understanding of the legal process and the ability to present your case convincingly. Being well-prepared not only demonstrates your commitment to your child’s welfare but also enhances your credibility before the court.

If you are not prepared to present your evidence at the hearing, the court will still calculate a child support amount, and you could be ordered to pay a child support obligation that is the incorrect amount, perhaps even an amount that is more than you can afford to pay.

This article will give you a list of steps to prepare for a child support hearing.

Situations When a Court May Order a Child Support Hearing

A child support hearing can arise in a couple of situations:

A parent may have received a raise or promotion at work, and the other parent is now asking the court to increase the amount of child support owed.

A parent may be suffering from a severe medical condition or disability and can no longer afford the current child support payments and is asking the court to reduce the amount of child support owed.

A parent may have been served with papers by their state’s child support enforcement division ordering them to appear for a hearing on child support.

Step 1. Review the Summons Carefully for all Court Dates

The summons you receive will either have a court date on it or an order that says you have a certain amount of time to respond to the motion to modify the child support. Do not neglect these dates.

Tim’s Legal Tip: Your failure to respond timely or show up on the designated date could result in the court entering a default child support order against you. If you do not appear or file a responsive pleading, the court will enter a child support amount against you, and you will have no opportunity to complain if the amount is more than you can afford.

I have met with many clients who failed to appear at a child support hearing and, as a result, had a child support order put in place that they could not afford. Because the person did not appear at the hearing, the court had no way of knowing what their true income was or any of the factors that may have reduced the amount of child support owed.

If you have any concerns about this, call an experienced family law attorney in your jurisdiction to represent you.

Step 2. Meet with Your Attorney

One of the first things you should do after receiving a notice of a child support hearing is to meet with an experienced family law attorney. You can receive legal advice and direction from the start of your case because your lawyer is already familiar with what evidence you will need at the child support hearing.

Your attorney will educate you so you can fully participate and present your best case at the hearing.

Step 3. Calculate Your Annual Income

Every state has a formula the courts use to calculate the amount of child support the parents will owe. The income of both parents will be a critical piece of information used in the formula to calculate child support. You should be prepared to discuss your income and provide any information you have about the other parent’s income to the court.

The following things can all be part of a parent’s income:

Wages earned from all jobs.

Income from a trust.

Recurring capital gains.

Gambling winnings.

Rent and royalty income.

Non-money perks from an employer, such as personal living expenses.

Retained earnings from a business, whether that business is a corporation, partnership, or sole proprietorship.

Income earned from any rental properties.

You must come to the child support hearing prepared and with a good understanding of your income. Since child support is typically calculated based on both parents’ income, the more information you can provide about the other parent’s income, the more likely the child support calculation will be correct.

Step 4. Get Your Financial and Court Documents Together

The court will not just take your word on how much money you make. The court will want documentation. You should get the following documents together and take them to court with you:

Copies of the last two years’ tax returns. Both personal and business if you are self-employed. (If you don’t have tax returns, bring your W-2s).

The most recent three (3) months of your pay stubs.
- Any documentation of income from other sources, including bank statements reflecting interest income, stocks and bonds, and CDs.

Trust income.

Rental income.

Gambling earnings

Royalty income.

If you are self-employed, bring the following documents:
- A current profit and loss statement for the business for this calendar year
- copies of the last two years’ tax returns for the business.
Copies of your current mortgage payments.

Copies of your current credit card statements.

Documentation of your property taxes.

Documentation of any personal loan you owe money on.

A copy of your utility bills.

Forms from Social Security if you are on disability or retirement.

A copy of the current custody order and visitation schedule (if there is one).

Documentation demonstrating how much you pay for childcare. (Childcare expenses can be included in the child support computation).

Document the amount you are paying for the child’s health insurance. (Health insurance expenses can be included in the child support computation).

Documentation of any out-of-pocket expenses for medical expenses being paid for the child. (Out-of-pocket medical expenses can be included in the child support computation).

Document any educational expenses you are paying for your child, including extracurricular activities. (Educational expenses can be included in the child support computation).

If you are paying court-ordered child support on any other children, bring a copy of the child support order for that child.

If you are paying alimony from any past marriage, obtain a copy of that court order and bring it to the hearing.

Receipts for any child support payments you have made if there is an allegation that you have not been paying child support.

The court will need all of this information to accurately calculate child support. If you take the time to organize these documents, the court will understand your income, the other parent’s income, and all of the expenses that can be used to reduce the amount of child support obligation.

5. Review and Prepare Financial Information

Accurate and up-to-date financial information is crucial during a child support hearing. Review your financial records and make sure they are complete and organized. Prepare a summary of your income, expenses, and assets to present to the court. This information will help the judge determine an appropriate support amount.

6. Create a Proposed Child Support Plan

Develop a proposed child support plan based on your child’s needs and your financial circumstances. Consider factors such as the child’s education, healthcare, and extracurricular activities. A well-thought-out support plan demonstrates your commitment to your child’s well-being and can influence the judge’s decision.

7. Prepare Evidence and Witnesses

Collect any evidence that supports your case, such as proof of income, medical bills, or educational expenses. Additionally, identify potential witnesses who can testify on your behalf. Ensure that your witnesses are well-prepared and understand the importance of their testimonies.

8. Practice Answering Potential Questions

Anticipate the questions you may be asked during the child support hearing. Practice your responses to ensure that you convey your position clearly and confidently. Role-playing with a trusted friend or family member can help you refine your answers and build your confidence.

9. Dress Appropriately and Arrive on Time

Dress professionally for the child support hearing to show respect for the court and the process. Arrive early to allow ample time for parking and security checks. Being punctual demonstrates your commitment and professionalism.

10. Follow Courtroom Etiquette

Familiarize yourself with the rules and etiquette of the courtroom. Address the judge as “Your Honor,” avoid interrupting others, and wait for your turn to speak. Show respect for the process and the court’s authority.

Be Prepared and Understand Your Rights at a Child Support Hearing

If you follow these steps, you should be in a position to help the court calculate the correct child support payments. Be sure you understand your rights and options when preparing for a child support hearing. If you have any questions, I recommend meeting with an experienced family law attorney in your jurisdiction.

FAQs

Q. How long does a child support hearing usually last?

Child support hearings can vary in length depending on the complexity of the case and the court’s schedule. They typically range from one to four hours.

Q. Can I represent myself in a child support hearing?

While it is possible to represent yourself, it is generally recommended to seek legal advice and consider hiring an attorney. An experienced attorney can guide you through the process and help protect your rights.

Q. Can child support decisions be modified?

Yes, child support decisions can be modified if there is a significant change in circumstances.