Using the courts to establish a support order

The attorney or the Clerk of Court prepares a legal request (summons) for service of process (delivering the summons to the noncustodial parent).

Normally, the sheriff in the county where the parent lives serves the summons. Other means of service includes private process servers. Service of process may take a month or more.

By law, the noncustodial parent has 20 days to respond to the summons once it is served.

After 20 days or a response from the parent, a hearing date is set. Typically, cases are set for hearing within two months but may take longer.

The hearing is held where all information presented to the judge.

A final support order is issued by the judge. This may take up to two weeks from the hearing date, depending on the court.
See steps to establish a support order.

LOCATING THE NONCUSTODIAL PARENT

CSE uses a number of databases and other resources to locate parents and their assets. This may be the most difficult and time consuming part of the process. Noncustodial parents sometimes move without notifying anyone, work off the books, don't work at all and more just so they won't have to pay child support.

To overcome this, various data bases are matched against CSE's list of noncustodial parents who owe past due child support. Location tools include:

Employer New Hire reporting. Required by law, employers must report all new hires to the Child Support Enforcement Program.
Financial institution records.
IRS information.
Driver and other license records.
Government program records.
Utility company records.
Internet databases.
The custodial parent is a key partner in this process.

Once the noncustodial parent's employer is located, an Income Deduction Order may be the key to start money flowing to the children.