what can child support attorney legally be used for

by Theodore Kemmer 9 min read

If you are a parent who needs help getting child support payments, modifying an existing child support order, or collecting unpaid back child support, a child support lawyer can help. It can be tough to know exactly what questions to ask an attorney about your child support situation.

A child support lawyer can organize child support payments, clarify and determine the terms of child support orders, while also enforcing custody agreements and visitation periods. They enter negotiations for their clients and support during court as well.

Full Answer

How can a child support lawyer help me?

Oct 17, 2019 · Technically, child support is supposed to cover housing, food, and clothing, but as all parents know, the costs of raising a child involve more than just these basic needs. Child-related expenses also include a whole host of other costs, including those for school (tuition, parent association fees, after-school activities, and after-school care), books, and toys.

What can child support payments be used for?

A child support lawyer can guide you through the process of negotiating a child support agreement or getting court-ordered support. Your child support attorney can also help you enforce or modify an existing order.

What questions should I ask my child support lawyer?

Nov 29, 2021 · Tribal agencies can authorize in-kind, noncash child support in keeping with culture and tradition, including items such as firewood, fish, and meat; or services such as child care or home repair. What courts consider income is similar to the income you have to report on a tax return. It may include: Wages. Tips.

Who is responsible for child support in a divorce?

Feb 23, 2021 · A local family lawyer can guide you in filing a motion to dismiss child support arrears, as well assist you with other related matters involving child support. Some situations arise when a parent may file behind in making the child support payments with no fault of their own, such as loss of employment.

What is child support used for?

In general, child support is designed to maintain a child's living standard and ensure all their basic needs are covered. The money can be used to pay for necessities like: Shelter, including the rent or mortgage and utilities of the child's primary home to ensure they're living in a safe environment.Jun 11, 2020

How do you get around child support?

File a Petition to Modify Child Support. To lower your payments, you will need to file a motion in court to modify your child support payments. You will need to file this motion in the court that issued the initial child support order. Most courts have pre-printed “fill in the blank” motion forms.

How much do you have to owe in child support to go to jail?

If the child support owed exceeds $10,000 or is overdue by more than two years, the offense is a felony that carries up to a two-year prison sentence.Sep 2, 2016

What questions are asked in a child support hearing?

– Child's Needs The parents should prepare for the hearing with exact and verifiable answers to the following questions: How old is your child/children? How much do you spend on child's clothing, food, and education? How much do you spend on a babysitter or a nanny (if applicable)?

Issue

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Generally, the law requires a person paying child support to make those payments until any of these apply:
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Causes

  • Both parents have a responsibility to support their children financially. When a divorce occurs and one parent has physical custody of the children, that parent's responsibility is fulfilled by being the custodial parent. The other parent then makes a child support payment which fulfills that non-custodial parent's financial responsibilities. In the case of joint custody, the amount of child sup…
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Effects

  • A stepfather is not financially liable for child support. However, if he legally adopts the children and thus terminates the parental rights of the biological father, the stepfather becomes liable for their financial support.
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Background

  • Each state in the United States is required by federal law to establish guidelines that are used to calculate child support due from parents based largely on their income and expenses. Because states have a fair amount of discretion in setting these guidelines, child support payments required vary widely between states, even under the same circumstances. But normall…
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Variations

  • Only the court can change a mandated child support payment, so any modification would have to be submitted to a judge. If both spouses agree on a change, it is usually a pretty simple process. When you don't agree, the request will be submitted by your family law attorney for a hearing. The spouse who wants to make a change over the other's objection has the burden to s…
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Criticism

  • One of the biggest complaints of non-custodial fathers is that their ex won't honor custody or visitation orders, and there is the temptation to withhold child support. This is not allowed. Child support payments and visitation are considered by the law to be totally separate issues. If your ex is not living up to the custody decree by providing visitation as required, you will need to go bac…
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Risks

  • Not staying current on your child support obligations is called \"big trouble.\" You are inviting a lot of legal involvement in your life and finances if you don't live up to your mandated child support obligations. Additionally, it can hurt your credibility with the court and with state enforcement officials if you want to later make changes to your parenting plan, your custody arrangements o…
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Definition

  • The court order entered as a part of your divorce and custody process defines the amount and payment schedule, as well as other conditions that might lead to recalibrating your commitments. These conditions might prescribe how much of a new raise might be added to your support obligations or what you can do with a windfall like an inheritance or an insurance settle…
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Prevention

  • If you are having difficulty meeting your child support obligations, you might consider creating a more realistic budget, reducing your expenses, finding less expensive housing, getting a cheaper car or negotiating with creditors to lower your monthly debt obligation payments. These may seem like drastic measures and may really change your life, but a more austere lifestyle may be i…
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Results

  • It is in your best interest to start this process as soon as something significant changes. In most cases, the law prohibits a judge from retroactively reducing a child support payment, even if a reduction is reasonable after the fact. And you will remain on the hook for the amounts required before the effective date of the modified child support order.
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