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Do You Need to Set or Amend Your Child Support?

The amount of child support the noncustodial parent pays each month is determined by the court following state guidelines. They include each parent’s income and assets and the amount needed to maintain the children’s pre -divorce standard of living.

How a Child Support Lawyer Can Help

Whether initially setting the amount of child support or modifying the court order, the services of a Lexington child support attorney well versed in family law and child support issues can be of great help. The attorney can help you gather documents and personal information to support your contention and advocate your position to the court.

What does child support cover?

A judge will order child support payments to make sure all of your child’s needs are met when you and your ex are no longer together and spending money. These payments can help cover expenses for your child like school, health care, food, clothing, housing, and more.

How much is child support?

Each state calculates child support according to its formula. This formula will take into account your earnings, your ex’s earnings, and your child’s financial needs for things like school, health care, food, and other necessities. A child support lawyer will be able to better help you anticipate what you expect to either owe or receive in child support payments.

How does child support affect my taxes?

Because child support payments are solely for the child’s benefit, they do not affect tax filings. If you pay child support, you cannot deduct those payments from your income, and if you receive child support, those payments will not count toward your taxable income. If you are late on child support payments, your state may intercept your tax refund to help pay off those debts.

How can I change my child support payments?

If you feel you pay too much child support or receive too little, you must prove a “substantial” change in circumstances to change your child support obligations. This means major changes will need to happen to either your or your ex’s income or your child’s financial needs. Some changes that can bring about a modification of support could include a raise, losing a job, or a serious illness.

What sort of issues can I seek legal help with?

Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.

How to Prepare for Your Initial Consultation

Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.

How will an attorney charge me?

A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:

Bill by the hour
Contingent fee agreement
Flat fee agreement

Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.

Common legal terms explained

Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.

Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.

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