If the IV-D Unit is helping you, they use the Expedited (Fast) Support Process. Other things like visitation or custody can’t be decided this way. You must file another case for those things. The Expedited Child Support Process helps parents work out child support problems quickly and easily.
The IV-D unit starts by serving both parents with a Summons and Complaint. These papers state both parents’ income and expenses, and may also ask for a specific amount of child support.
Whether the IV-D Unit helps with your case or not, you must serve and file a financial affidavit. You can get the affidavit form from the Department of Human Services website. There are important things that must be attached to the financial affidavit, like
- Pay stubs for the most recent 3 months
- A statement of receipts and expenses, if you are self-employed
- A copy of your most recent tax return including your W-2, 1099 forms, unemployment or worker’s compensation statement
- Any other documents that show any other income.
If you do not file the financial affidavit, the court sets your child support based on other evidence. You are not be allowed to testify about your income unless the court determines that you did not have access to the documents.
If the parents do not respond to the papers or ask for a hearing, the IV-D unit can ask the court to order child support based on the information in the papers.
If either parent or the IV-D unit asks for it, a hearing is set. The hearing is held by a child support magistrate or a district court judge. Hennepin County uses a support magistrate. At the hearing, both parents have a chance to give facts about their income and expenses.
After hearing the evidence, the child support magistrate or judge must send out an order within 30 days. If either parent is unhappy with the order, that parent can ask for a review within 20 days of getting the order.
The parents can agree on child support at any time and the IV-D unit can help you turn your agreement into an order.