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This Child Support Demand Letter can be used by someone who has been awarded child support or another form of support used for the maintenance of children. This letter can be used to remind the Party who is required to pay the support of their obligations. This document can be used to alert them to the court decree or child support agreement and function as proof that a reminder was made in writing. By making a demand for child support that is owed in writing, a person can document the request in case of future litigation or dispute.
How to use this document
This document includes all of the details necessary to demand child support or other support for the maintenance of children that is owed, including the names and contact information for both Parties, the title and, if applicable, the case number of the court order obligating one Party to pay support, the amount of support that is supposed to be paid and with what frequency, and the amount of support that is owed at the time the letter will be sent. This letter also details the type of support that should be paid. Child support is a cash payment that's usually granted by a court order and is based on the income of the person paying support. A court may also order or the Parties may agree to other types of support including support awarded to one party to pay for a specific child-related expense, such as support to pay for children's health insurance premiums, camp, afterschool activities, or private school tuition.
Once this document has been completed, it can be signed and mailed via registered mail so that there is an official record of when the demand was sent and when received by the recipient.
Child support is a matter of both state and federal law. Every state except Massachusetts has adopted the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). The UCCJEA dictates that child support and custody litigation pertaining to a particular child will occur in that child's home state, defined as the place where they have lived for six consecutive months prior to the litigation. If a child has not lived in any state for six consecutive months, their home state is defined as the state with significant connections to the child and at least one of the parents as well as substantial evidence regarding the child's care. Once a state takes the case, called jurisdiction, they then retain control over the case until a court decides that the child no longer has a connection to that state.
In determining matters related to children, such as child custody, visitation, and support, a Court must approve any arrangement using a "best interests of the child" standard. Generally, if both parents come to an agreement regarding these matters, a Court will be willing include the agreement in the official legal documents. However, the possibility remains that a Court will require an adjustment of the agreement if they determine that the arrangement is not in the best interests of the children involved.
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