Child Support and Domestic Violence

Child support and custody agreements can create a challenging dynamic. And when domestic violence is an issue in a child custody case, you may find it necessary to get a protective order or a restraining order. Such complex dynamics can impact your case and child support, but also be valuable tools for those who have been the victim of abuse or assault, and can help you feel safe.

With intense emotions on both sides, getting help from a qualified local child support attorney is critical, especially in cases involving domestic violence. A family law attorney specializing in child custody and child support issues can evaluate your case and advise you on how to proceed. They will help you navigate this complex and emotional process in a manner that will maximize safety during the process.

Understanding the Intersection of Child Support and Domestic Violence

Research shows that the birth of a child and establishing paternity can be triggers for domestic abuse and family violence. Sadly, the entry of a child support order and child support enforcement for a minor child can also raise safety concerns. 

However, many victims of domestic violence rely heavily on child support for financial independence from an abusive partner and to improve the child’s life and well-being. It’s essential that parents feel safe when pursuing vital economic and social support for their children.

Legal Protection for Survivors

An order of protection can provide a measure of security. If adhered to by the parties, these court orders protect the person who filed it from domestic violence. These orders prohibit the other party from coming within a certain distance or forbid that person from entering specific locations such as their home, school, or workplace.

Ensuring Safety in Legal Proceedings

By statute or case law, all jurisdictions in the United States employ some form of “the best interest of the child” standard. This standard informs custody orders for legal custody and physical custody. Court orders for custody arrangements must consider any abuse in the family.

The family court must seek to maximize a child’s safety when determining custody and visitation rights. Take into account whether a child or a parent is at risk for any of the following:

• Mental abuse
• Physical abuse
• Sexual abuse
• Emotional abuse

How domestic violence may influence custody and support decisions varies depending on the situation.

The court should draft visitation and custody orders to maximize family safety. In cases of abuse, the controlled or abused parent may not feel comfortable raising issues of abuse. Courts must be aware of the indicators of abusive behavior to explore the possibility that one parent may be putting the child or other parent at risk.

Resources and Support for Affected Individuals

Several resources can help parents and families navigate child support issues. At the federal level, the Office of Child Support Services (OCSS) works with state, local, and tribal child support programs to help locate parents, establish paternity, and set child support orders. OCSS partners with the following types of programs to promote safe access to child support:

• Domestic violence
• Fatherhood
• Child welfare

It also provides tools and resources to support programs that help children access child support payments through the child support process. The OCSS can serve as a resource to help victims with a history of domestic violence. It seeks to help victims safely and confidentially obtain child support.

If you are a parent or a family member concerned about family violence from an abusive parent, the OCSS encourages you to contact the toll-free National Domestic Violence Hotline at 1-800-799-SAFE (7233). Contacting this hotline will connect you to information and resources near you.

FindLaw.com provides resources on domestic violence as well. It explains what constitutes domestic violence, the penalties for domestic violence, and how to get legal help if you are impacted by domestic violence.

Talk to a Child Support Attorney

Legal representation is one of the most vital resources for any child support case. This is especially true in cases of determining parental rights and obligations in cases involving domestic violence.

Whether you’re a non-custodial parent with concerns about paying child support or receiving support, a child support attorney can come alongside you to guide you through the process. They can help you regarding child support considerations for cases involving domestic violence and the unique dynamics involved. You do not have to proceed alone; get help today.