Child Support Attorneys
What is child support?
Child support (also known as child maintenance) is an ongoing financial payment made by one separated parent to their co-parent to provide for the financial needs of the children. Child support is connected to but distinct from child custody; it’s a right that fundamentally belongs to the child, not the parent. While child support law is usually applied in divorce and legal separation cases, it’s also applicable to cases where the parents were never married or even in a committed relationship.
Every state has its own formula to calculate child support, but broadly speaking, it’s based on each parent’s income and share of the parenting time. Typically, the parent who has primary physical custody of the child receives child support payments from the parent who does not have physical custody. Even in shared parenting arrangements, though, there is usually some amount of child support, unless the two parents have similar incomes and similar amounts of parenting time.
What does a child support attorney do?
In a child support matter, family law attorneys can guide the parent they represent through the entire process, including the initial temporary order hearing, the final hearing to determine the long-term child support order, and any future modifications as the circumstances change. An attorney may:
- Gather evidence, such as tax returns or pay stubs, to show how much each parent earns
- Calculate child support based on the state guidelines and, if necessary, make the case to a judge that it’s necessary to deviate from the guidelines
- Negotiate with the attorney for the other parent to reach a settlement
- Represent the parent at the court hearings to protect their rights
Throughout the child support process, an experienced attorney can explain the legal issues at hand and help their client understand what to expect at each stage. Child support is one element of a detailed separation agreement that may also include spousal support, property division, and other financial matters, and an effective attorney takes a holistic approach to reach the best possible outcome for their client and their family.
How much does a child support attorney cost?
For most non-routine matters, family law attorneys charge an hourly rate, usually between $85 and $400 or more depending on the attorney’s experience and expertise. How much the attorney will need to charge depends on the complexity of your child support matter and whether the other parent is cooperative or contentious.
How do I choose the right child support attorney?
Whether your child support matter is amicable or contentious, and whether you will be paying or receiving child support, it’s important to remember that it’s ultimately about the children, not the parents. An effective child support attorney understands the law, understands how the courts handle child support matters, and knows how to look at the situation holistically to reach a solution that both meets the child’s needs and fits the parents’ financial situations.
Remember, any family law matter is going to involve discussing intimate personal matters, so you need an attorney you can communicate with comfortably. That’s why the initial consultation is so important. The amount of child support awarded can have a significant effect on your future, so it’s worth your while to talk to an attorney in your area about your legal situation and see whether you have the right fit.
