Having a child is one of the most incredible pride and achievements in a person’s life. Still, everything can change instantly if a divorce occurs between both parents of the child because now the child support expenses will have to be divided according to who has custody of the child.
If the mother is the one who has custody, the father will be the one who must pay monthly support for the different expenses of alimony, better known as child support.
What is child support?
Child-Support is the monthly money received by the parent who has obtained custody of the child in question. This contribution is made by the other parent, who does not live with the child, and who must pay each month a certain amount of money agreed upon before a judge after the divorce.
Suppose the child’s mother has custody of the child. The father must pay a figure that varies according to his monthly income, the number of children, and the children’s needs, extra activities, and obligations.
What evidence do I need to provide to prove child support?
There are two possible situations for child support. On the one hand, there are those parents who have divorced after having had a relationship. On the other hand, there are those parents who have never established any formal bond and whose relationship has been casual. The non-custodial parent must prove the child support payment in the latter case.
Each state has laws regarding the amount of money the parent must contribute for child support, which will be determined in court, where the amounts and visitation days for the parent who does not live with the child will be established.
In court, the parent who is not the child’s guardian must show the judge federal tax returns for the last two years before the current date and pay stubs.
What happens if I do not present proof of support to the judge?
Parents who fail to prove their financial contribution will face significant lawsuits or, in the most serious cases, have part of their salary garnished and the other part allocated to child support.
If you cannot pay child support after child custody is established, you will have to show proof, without exception, of your financial situation and monthly income. If you fail to provide evidence of the above, the judge may confiscate even more money you earn each month.
In any of the above cases, the non-custodial parent must explain why he or she has not been able to file a pay stub or federal income tax return. In addition, other evidence must be provided to corroborate income, such as bank statements, employer’s statements, a 1099 form or W2, or a letter proving the child support payment.
How do I verify that I have made a child support payment?
In addition to federal taxes and forms or letters, there are other ways to prove that you have paid child support.
- Checks: This is one of the best ways to verify that payments have been made, as you will have verification of the withdrawal from your checking account.
- Direct Deposits: Another method of transferring money is through direct deposits, as the money is received on the spot, but we recommend that in the reason for the transfer, you clarify that it is for “Child Support”. This will help prove that you have made the transaction.
- Money orders: This method is not very good for transfers, as it can only be done with a receipt. If the money has been disbursed, you will need to contact the money order company to request a list of the transfers made. We recommend that you do not use this payment method, as you may not be able to prove that you have paid child support later because you will be waiting too long for the requested documents to arrive.
- Receipts: Receipts are essential, although providing a check to verify child support payment is best. However, the receipts that may be best considered are those for clothing and shoe purchases, school, daycare, school supplies, or leisure activities. Do not pay the expense of collecting tickets from amusement parks, theaters, or restaurants you have gone to with the child, as these will not be considered receipts.
Tips for Proving You Have Paid Child Support
Here are some tips for those who must prove that they have paid child support in court or to anyone else.
- Do not use cash to make this transfer, as you will not get proof that you gave the money to the child’s custodian.
- It is always better to take precautions by making copies of each receipt that can be used to prove that you have paid the monthly child support.
- Keep the receipts in a safe place.
- Payments to the payee will be credited when retroactive child support credit is awarded.
- Organize all proof of receipts in an orderly fashion for presentation to the judge if necessary.
- Create an Excel with all the details of each payment made and attach the receipt with the corresponding information for each payment (date and amount).
- Write a proof of support letter with all the details of the payments made.
You can download sample letters proving child support at the following bottom:
Points to keep in mind about child support
- The non-custodial parent must pay child support to the custodial parent.
- The beneficiary of the child support is the child only.
- Payments are not made to the child but to the mother or custodian of the child.
- The money must be earmarked for essential expenses of the child, such as schooling and food.
- If the father is not the guardian but has a month’s vacation with the child, the same amount must be paid for that month.
- The amount to be paid is updated annually as dictated by the judgment or updated CPI data.
What happens if I do not pay child support?
There are several consequences for the parent who must pay child support if he or she fails to do so. This varies by state and justice department, but in general, one of the following actions will be taken:
- Garnishment of employment wages.
- Withholding of part of your wages if you are unemployed.
- Garnishment of bank accounts.
- Privation of income tax refund (IRS).
- Imprisonment.
- Fines.
- Expulsion from the Armed Forces.
- Suspension of driver’s license.
- Temporary revocation of a permit to work.
- Passport revocation if more than $2,500 is owed.
- Difficulties in obtaining permanent residency or U.S. citizenship in the case of foreigners.
References
- “Child Support Agreement Letter (Free Sample).” Sample Letters, https://www.sample-resignation-letters.com/child-support-agreement-letter-free-sample.html.
- “Free Child Support Demand Letter Template – Sample – Word | PDF – EForms.” EForms, https://eforms.com/demand-letter/child-support/.
- “Parents Who Pay Child Support | Arizona Department of Economic Security.” Arizona Department of Economic Security | Your Partner for a Stronger Arizona, https://des.az.gov/services/child-and-family/child-support/parents-who-pay-child-support.