A Child Support Attorney assists parents who are legally obligated to pay child support to the court, negotiate a modification to current child support payments, apply for temporary child support adjustments, or end the enforcement of past child support orders. The services of a lawyer can be very helpful in a child support case that is contested by one or more non-custodial parents. In cases where the custodial parent denies the allegations of child abuse, the attorney may be able to file motions to suppress evidence, and in cases where the custodial parent fails to appear at a scheduled hearing, the attorney can file a motion to dismiss the action. Other common law issues that a child support attorney may be involved with include:
Formations for default determinations of support may be presented to the judge during routine proceedings. These determinations will be used to determine if current support formulas will result in an amount that the custodial parent is required to pay. The forms for default determinations are typically used when the custodial parent does not meet their financial obligation to pay child support payments. The forms for default determinations typically request information regarding the parties, any evidence which may be used in determining the arrear of support, and the amount of time the support payments are to last. These forms are filed with the clerk of the court in the county where the child support payments are received.
Many of the parents in a child custody case fail to meet their financial obligation to the child and fail to make required payments. Unfortunately, in some cases, this can lead to a judge ordering that support payments be garnished. A child support attorney can help the parents to avoid this penalty by working with the custodial parent and presenting all sides of the matter to the court. In many cases, the parents may fall behind in their payments because of factors beyond their control, such as unemployment or part-time work.
There are many other factors that can affect the amount of child support payments. Arrear agreements can be changed, providing an extra incentive for the non-payment party to pay up. Child support lawyers in St. Louis Missouri can also help fight these changes, presenting evidence to the court that the new payment amount is fair and equitable. They can also advise the custodial parent about their right to file for an adjustment to the payment schedule to reflect lost income and apply for an increase in any other allowances.
Many parents in child support cases have limited means of paying, and cannot meet their obligations in full. These parents may be able to obtain an arrangement that allows them to send part of their payments to the attorneys. Often, attorneys work with the parents on an agreement which pays a small percentage and is then distributed between the parents. This arrangement is designed to ensure that the payments a parent is required to pay fit into their budget. Sometimes, arrangements like this can include automatic adjustments to the payment amount once a month, allowing parents to better meet their obligation.
Many of the same resources and options are available to those who choose to work with child support attorneys. Local attorneys are well-versed in their local laws, and know how best to represent their clients. The Internet can provide additional information about the resources a parent has available, as well as local resources that can help if you need legal advice. There is no reason not to seek representation, whether the case is being handled by a local attorney or online. Those who work with an attorney find that they are better equipped to negotiate for the best possible outcomes, while parents receive the assistance they need to keep their children safe and give them the opportunity to achieve the goals they’ve set for them.