Practice Area
State
Language
Sort
Child Support Lawyers by State
U
Anyone who has children and is receiving child support from an ex-spouse or partner may wish to find a child support lawyer. These are family lawyers that specialize in child support law and know your legal rights. Anyone can hire a child support attorney, but they are particularly useful if you are struggling to get support from your ex-partner or are in the middle of a divorce case where children are involved or in a child custody dispute.
If this sounds like your situation and you are seeking legal advice, you’ll want to find a child support attorney near you. Below, we share more about what these legal professionals do, how they can help support you, and considerations to make before appointing a firm to work on your case.
What Is a Child Support Lawyer?
According to the American legal system, both parents, in the event of a separation, are responsible for financially supporting their children. Usually, the non-custodial parent will have to make child support payments to the custodial parent to help fund the child's needs. A child support lawyer is a legal professional who practices family law and specializes in child support orders and payments. They have a thorough understanding of all legal rights and responsibilities surrounding this. They know how the amount of child support is legally determined, how often it is paid to the custodial parent, and the payment methods available. Therefore, they play an important role in finding solutions to child support issues and disputes between ex-partners.
What Does a Child Support Lawyer Do?
The main role of a child support attorney is to help arrange the correct child support payments following a separation. They can work on either side of the case. Generally, the custodial parents will have difficulties with the payments they're receiving or not receiving or want more money from their ex-partners. Conversely, the non-custodial parent typically wants to know their options for making payments and their legal obligation to provide, often wishing to reduce their child support payments. A child support lawyer helps with both of these situations by:
- Calculating the legal child support amount that the non-custodial parent is required to pay with the court's approval
- Negotiating either an increase or decrease in the child support payments on your behalf
- Explaining the legal issues you can expect at the different stages of the proceedings and what challenges might crop up
- Preparing you for hearings in cases that go to court and representing you in front of the judge
When to Hire a Child Support Lawyer
If you have gone through a separation with child custody involved, you may wish to hire a child support lawyer near you to help ensure a fair child support order is agreed up. This isn't a necessity, though, and many view it as an unwarranted cost. However, they can protect your legal rights and ensure that any children involved get support that covers their basic needs. In particular, hiring a child support attorney near you will be beneficial if any of the below situations apply:
- You are going through a complicated separation. If your separation is complex and the relationship with your ex is hostile, hiring a child support lawyer near you can be a huge help. Examples include cases where your ex-partner doesn't agree with the amount of child support, the child custody arrangement, or other divorce terms.
- Your ex-partner has appointed a child support lawyer. If your ex has appointed a lawyer and you haven't, they have the upper hand. Their attorney will know the court proceedings and what a judge considers when forming a child custody order. Therefore, you may wish to appoint a lawyer to help with your side of the argument.
- You need help calculating the amount of child support. A child support lawyer near you will know precisely what determines the minimum child support amount the non-custodial parent must pay. This is based on their income but does vary from state to state. Your attorney will help ensure your child is getting a fair amount.
- You want to modify your current child support order. In some cases, changes in your circumstances may mean you wish to modify an existing order. A child support attorney can guide you through this process and help you pull together the necessary information for the judge to understand and approve your request.
How Do I Choose a Child Support Attorney?
If you live in a heavily populated area or even a small city, there will be many child support attorneys near you to choose from. Consequently, it is important to choose carefully so you have the best chance of securing a favorable outcome. If you live in a rural or lightly populated area, there may be only a few attorneys near you. Even so, choose wisely. Choosing a poor firm can have negative consequences for your case. Here are some of the factors you should consider when choosing a law firm to work with:
- Good Reviews: Some lawyers will aggravate a case so that it goes to court so they can bump up your legal fees. Going with a child support attorney near you that comes highly recommended and with a wealth of positive reviews can be a good indication they are truly focused on finding a good outcome.
- Experience: When choosing a child support lawyer near you, experience matters. Search for a law firm that has successfully handled many child support cases before. In particular, try and appoint an attorney experienced in working on cases similar to yours.
- Cost: Hiring a lawyer to work a child custody case can be expensive, and those who charge hourly fees can be hard to plan for financially. Always ask for their pricing at the initial consultation and only work with a law firm that is within your budget. Some, in special circumstances, may consider a flat fee.
How Much Does the Average Child Support Lawyer Cost?
The cost of a child support lawyer near you will vary drastically between law firms, depending on experience and your case's complexity. Some will charge by the hour, whereas others offer a fixed fee for handling the entire case. Therefore, it is difficult to say how much hiring an attorney will cost. Hourly fees typically range from $100 to $500, with the average non-contest case costing between $2,500 and $5,000. However, any contested cases can easily end up costing $25,000+.
Do Child Support Lawyers Usually Charge for Consultations?
It is common for child support attorneys near you to charge for consultations. In many cases, this is prorated from their hourly fee, while other law firms may charge a fixed consultation fee. Others may charge no fees at all and take your initial meeting as an opportunity for both of you to determine the suitability of your working together. There is no standard way; each firm has its own policies and procedures.
Frequently Asked Questions
What is child support?
Child support is money that one parent sends to the custodial parent to go toward care for the child. This payment can cover things such as child care costs, health and medical care, education, and other basic needs.
How often is child support paid?
How often the noncustodial parent pays child support depends on the child support order. It is generally paid monthly, but some courts may order the payment to be sent out weekly, bi-weekly, or bi-monthly.
Is a father that never married the mother required to pay child support?
Yes. U.S. law states that both parents need to support their children regardless of their marital status. However, before the judge issues the order, the court will need proof that the alleged father is the biological parent.