Non-custodial parents pay child support to provide financial assistance to parents with primary custody. A lawyer for child support provides assistance with obtaining, enforcing, and modifying a support order. These process requires interaction with state government agencies so having a legal expert in one’s corner can prove very helpful.
Child Support Problems?
An attorney will represent the best interests of the child and the adult client during a child support proceeding. When parents cannot agree on child support payment plans or when one parent must recoup back child support, the situation can be difficult to navigate. Some parents are overwhelmed at the mere thought of discussing child support, let alone going to court to settle the issue. An attorney makes the process easier and removes some emotion from the situation.
An experienced lawyer can help divorcing parents trying to iron out support issues as well as unmarried parents who are unaware of their child support rights. When one parent is trying to enforce a support order, the attorney can help ensure a successful outcome. A lawyer can even help a non-custodial parent lower child support payments due to loss of a job or disability.
Child support cases have high stakes both while they are being determined and in the future. An attorney will evaluate each case, identify options, and explain the possible outcomes. Legal and personal interests of the client are top priorities and the goal is to receive the outcome most favorable to the child and the client being represented. Much work goes into establishing, enforcing, and adjusting support orders and attorneys do most of this on their own.
Some parents initially agree on child support arrangements but over time, situational changes necessitate a revision. A custodial parent who wants to raise child support payments can retain an attorney for assistance. The lawyer will prepare a case that justifies the increase and will present this in family court for a judge to decide. If a favorable decision is made, the child support order will be revised to reflect the change.
Whether parents need to know their child support rights, want to make adjustments to the amount of support, or get help recouping back child support, they should consult a lawyer for child support. Some lawyers provide free initial consultations so clients are aware of the costs involved before entering a formal arrangement. Legal expenses typically pale in comparison to the financial benefits of a fair child support arrangement. Speaking with an expert child support attorney is essential to fighting for your rights.
My son is having problems with a young lady that he has a son with. He is a very good father, he pays her child support without having a child support order. He gives her what she ask for and gets his son every other weekend. (is what they agreed upon) , even spends time with him on other days (takes him to car shows, races, etc. She is constantly harassing him about something. She tells him he can’t see the baby when he doesn’t do what she wants him to do.He has two other kids that he also takes care of. His children are never neglected by him. He wants to get a lawyer but he can’t afford a lawyer. What should he do at this point. I am not saying he is a good father because he is my son, but because his dad was not around him, he wants to be a better father to his children.
Unfortunately, when this type of situation arises, it is time to get the courts involved and speak with a professional that can help. The judge, seeing how he has been responsible in the past, will grant him visitation rights that, if she does not honor the court order, she will be held in contempt. Speak to an attorney and get started right away!
My friend has been giving agreed amount of money weekly since seperation for son. Now child support has started and they say back pay is owed. How to proceed when money has been giving to support child the whole time?
He is going to need a paper trail to prove that he was making payments to knock down the back child support amount. If his ex is willing to state that he paid, a notarized affidavit would be a good idea as well. If she is lying about his payments, he will need to provide proof (cancelled checks, money order receipts, etc.). If he has no proof, as payments were made in cash, he is probably out of luck. Never , ever pay child support with cash! This is the biggest mistake anyone can make and boggles every attorney’s mind. The ex will lie, don’t trust them, pay with a check and keep your records forever!!!
My son recently was laid off from his job and has not found another job yet. He is due in court for child support in two weeks and is wondering how that will effect his case.
He needs to file a Petition to Modify Support. This will allow him to point out that he has lost his job and cannot pay the high amount and needs to have the child support amount lowered. The problem is tat he waited 6-months! When you lose your job, you need to immediately file for a modification of the support amount in court so that arrears and back support don’t add up. Not acting quickly, as he failed to do, makes it an issue where he should probably hire an attorney or risk being held in contempt of court. Good luck!
i make about 12000 net a yera i wanna konw how much can i pay for child suport for one kid if i have onther one
Well, it depends: what state are you in? If you are in a state like Illinois, you pay 20% of your net income for child support for one child. ?If you are paying child support to someone else already, you subtract that amount of money from your net pay, and the remaining money you use to calculate 20% for the new child support case you have. It’s confusing–which is why you should speak with an attorney for a free consultation!
To make a long story short…..
I was legally married and already separated from husband and living alone when I met someone and lived with that person for 5 yrs and had two children with him. I have one child from my husband. I am back with my husband and have been for three years (got married in 1994). The father of my two boys was paying child support on time and the amount we agreed on and visitation. We did not go through court, never filed anything. He recently stopped paying and when he was paying before, it would be late and/or not the right amount of money agreed on. He was paying taxes all of this time and informed me that he has been getting paid under the table since Oct 2012. He has stopped paying child support last month. He moved in with his girlfriend of one yr. He said he had to pay his share of bills with this woman or she would break up with him. He is not paying me a dime. He says his boss’ business is going under (not sure if a lie) and that is why he is getting paid under table he says, not sure what to believe. He also said that his gf’s father of her two kids never paid a thing so i’m wondering if the gf told him to get paid under table now so i can’t get money from him. She seems to be a big influence on him because he isn’t complying anymore, even picks up kids late or not at all, and is downright rude. He is on one of the birth cert of older child but not the younger child. I’m still married, so what do i do now to collect child support, get visitation order in writing, meanwhile my husband has been taking care of boys since feb 2010 like his own, on his insur, pays school tuition, ect…..Will it be hard to collect childsupport since he is getting paid under the table? Can his previous pay checks and last yrs taxes help for proof? will my status of being married be a problem in regards to paternity? I’m also scared, he has made threats, i have kept all texts for the whole past year, over 2000 msg between us for proof of everything, i hope that counts. PLEASE HELP. Thank you.
All of the texts, etc., are pretty much worthless. This is how you handle the child support issue:
First, what type of state are you in, a “percentage of net income” child support state, or a “needs of the children” child support state? I will provide an example with the first category (its easier).
In some states (like Illinois,not sure where you live) 2-kids entitles you to 28% of your ex’s net income (after taxes). This is the statutory minimum, and he has to pay it once ordered. You will file a “Complaint for Parentage” to establish that he is the father of these two children first. You will then file a “Petition for Temporary and Permanent Support”, which is where you will ask for him to provide his paychecks and begin paying you the support you deserve. Good luck!
I`m divorced for 10 years My ex husband pay me 217 $ monthly . My expenses for my daughter monthly is without food and closes 1289 $. I paid all medical insurances (health, eyes ,dental) + private school + Ukrainian school + Dancing studies. I`m working on 3 jobs
7 day on week . He has house for 500000 $ good car but he put all his money for name of her wife. When on web I see his pictures I understand that he working in his friends Track Company he has bigger amount his pay check under table . OK My question Medical expenses (I have braises bill that I was paid full amount for 5000$)How I can take from him 50 % of this bill? Maybe some body can recommended child support lawyer or this question can resolve case worker for my daughter case?
Please Please Please I need good advice . THankYou. I`m living in Ohio Parma HTs
Speak with an attorney for a free evaluation so that you can get some more details. It sounds like he needs to be brought in and forced to pay for insurance for the children and to pay for half of the medical and educational expenses of the children. That is the normal process you must take, get started immediately.
I have a problem with my children father he’ll do anything to get out of paying child support to the point of getting me and his kids put out or house. he doing this so he can get custody of the kids so he won’t have to pay support. He is not in our kids life I would like to know what should I do?
It sounds like you need to speak with an attorney asap. Do not let him take advantage of you! File a petition to hold him in indirect civil contempt for him willful failure to pay child support. Striking first and having a good offense is your best bet to victory.
How do you do this? How do you know his income when he is in a different state? What does one file to get a copy of his taxes. This is all i need as proof? I do not want to spend my children’s college money if I will not be guaranteed any increase in the current child support. He has a cut throat lawyer.
There is no guarantee, if he isn’t making more money, there will probably not be an increase in child support unless there is a “substantial change in circumstances” that necessitates your increase in support even though he is not making more money. Child support, in many instances, is just a mathematical equation, so it is tough to fight it when presented with his numbers. Any decent child support attorney will request the court to force him, via the power of subpoena, to turn over his employment records or be held in contempt of court. Hire somebody that knows what they are doing.
My wife and I have been married for just over 2 years and I help raise her son who is 14 years old. My wife divorced her ex in 2004 and receives no child support. I have been with my wife for the past 8 years and witness the struggle she has to have her ex provide any $ for their son. My wife has primary custody, provides and pays all health insurance, school/athletic, clothing and food costs with my help. I do this without question but what does bother me is how the ex is highly reluctant to pay for anything. I asked my wife why she did not push for child support and she said that she was too scared. I know she is scared because he used to come into the house when she was at work and go through her cloths and mail and tried to get a restraining order. Her attorney at the time was not working hard to get the restraining order (same one that aided in the divorce) and I encouraged her to change attorneys. Once she was able to change attorneys, she immediately obtained a restraining order. She continued to avoid the child support issue because she was/is afraid of how he will respond. This is upsetting because I am doing everything that I can to raise this child properly but it makes me sick to my stomach when the ex says to my wife “I will try to give some money on my next paycheck” or some other lame excuse yet, he shows up in a new truck every year and NEVER provides his OWN child with with clothes, support, etc….
Is there anything that my wife can do to change this?? The ex husband laughs when my wife tells him to do his part and their son is being effected by his father’s display of disrespect.
Thank you for any and all help.
It’s actually quite simple: hire a child support attorney who will file a Petition for Temporary and Permanent Child Support. It usually takes just a couple court dates to force him to provide tax returns and paycheck stubs showing what he is making, and then, depending what type of state you are in, your wife will demonstrate the needs of the child as far as money is concerned, or a straight percentage of his net income. If he has a job with a regular employer, his wages will be garnished and she will get a check every time he is paid directly from the employer. She shouldn’t worry about this man’s recourse. All she will have to do is call the police again and have another order of protection taken out against him. Don’t wait any longer though, get the help you deserve.
My granddaughter has 2 children 4 and 3 and the dad has not paid any child support in over 2 years, he has a trial pending in felony court for robbery/assault and yet he still has visitation rights and when the children return from visiting him they curse, make crude gestures and repeat things that he has said to them that are awful. My granddaughter has no money for legal fees, she did her own divorce pro-se and has total say over the kids without having to ask him but we are so very concerned about their minds being ruined by him.
What can be done?
You need to hire an attorney and petition the court to force him to have only supervised visitation.Do it soon, the children’s well-being depends on you acting swiftly!
I am having problems with my child support case. My ex owns his own business and claims he is making hardly any money, but he has 2-brand new $40,000 trucks, goes on vacation all the time, and has a house worth around $500,000.00–but he claims he only makes $25,000.00 per year. He barely pays $100 a month for child support for our 2-kids. Obviously he is lying. What do i do to get the child support my kids need?
This type of situation happens all too often with people that are self-employed as your ex is. You will need an expert child support attorney here. You will need to file a petition for modification of child support and ask for extensive discovery. You will then need to “impute” his income based on what all his bills are. I mean, if he claims he only makes $2000/month net, but he has $7000/month in bills that he pays (mortgage, car loans), you can claim he makes more than $7000/month for child support purposes and adjust your child support amount based on this new income total. Good luck!