Do I Need a Lawyer To Establish or Enforce a Child Support Order?

No, you do not need a lawyer to enforce child support orders, but hiring a lawyer can simplify your life. There are online resources to help you estimate how much you will get in child support. State child support services can help enforce court-ordered child support. However, an attorney can explain all your legal options and take action to help you get unpaid child support.

You can explore state family law courts and online resources to understand the process. To take legal action to enforce your child support orders, contact a local child support enforcement lawyer.

Benefits of Hiring a Lawyer for Child Support

There are many benefits of hiring a lawyer if you are dealing with non-payment for your child support orders. A family law attorney understands the legal process to get money from the paying parent and how they can get support payments.

Ideally, you can communicate with the child’s other parent, and they pay what they owe every month. Unfortunately, many parents have child custody and support battles with the other parent, which makes it hard to cooperate. An attorney can act on your behalf so you can avoid continuing arguments with your ex.

There are many ways a child support attorney can help, including:

• Find your ex
• Serve them with a legal notice that they owe child support arrears
• Get income withholding orders to get money from their paycheck or bank account
• Modify child support orders to increase your monthly payments

Self-Representation in Child Support Cases

It is frustrating when the noncustodial parent isn’t paying what they owe. You will have to navigate the family law system to take enforcement action. You have to go through your state family court or child support services agency to enforce the child support order.

Family courts have resources for people representing themselves (pro se). However, court staff and clerks cannot offer legal advice. There are court rules and deadlines you have to follow when representing yourself in court. Make sure you understand the local family court rules so you don’t lose out on your legal remedies.

Child Support Enforcement Options

If the child’s other parent is working, you can petition the court for garnishment orders. Wage garnishment withholds a certain amount of money from your ex’s paycheck to apply to child support. Employers have to honor income withholding orders from a family court, even when they come from another state.

If your ex continues to ignore child support demands, you can request contempt of court proceedings. These are charges against the other parent for not following the court’s child support order. Other enforcement actions include:

• Intercept tax refunds
• Intercept lottery winnings
• Suspended driver’s licenses
• Put a lien on real estate and other property
• Levy bank accounts

In some cases, the other parent can face criminal charges and jail time for avoiding child support. However, imprisonment is rare because it is better for the other parent to make money working to help pay their child support obligations.

Online State Child Support Calculator

Each state sets its own guidelines for the amount of child support. There is a child support guideline formula under each state law. Many states have an online child support calculator to help you estimate the child support amounts. Factors for the child support calculations include:

• Parent’s income
• Number of children
• Spousal support
• Social Security or other public benefits
• Health insurance and medical support costs
• Child care costs
• Parenting time
• Extraordinary expenses

Online calculators make it easy to understand how much the other parent will need to pay in child support payments. These child support calculators are only an estimate. However, the family court can deviate from the guidelines for special circumstancems. Family law courts will apply the child support guidelines to your inforation and determine the exact amount of support. The family court makes its decisions based on the child’s best interests.

State Child Support Agencies

Your local agencies provide an important resource for enforcing child support. Each state has child support services to help parents enforce child support orders. You can find your local child support agencies with online listings from the Department of Health and Human Services. However, these agencies deal strictly with child support and not with any other issues concerning your child. For these types of matters, such as custody and visitation, you will likely need a lawyer.

How To Choose the Right Child Support Lawyer

A lawyer is helpful when you need to explore these enforcement options. It is quite challenging to navigate the legal system alone for these more complicated matters.

When you are ready to contact a lawyer to enforce child support orders, make sure you find the right lawyer for you. There are many options for finding the right child support lawyer. You can start with referrals from family or friends. You can also contact your state bar association for general referrals.

Online listings like LawInfo provide search tools for finding local attorneys. You can search for practice areas like child support enforcement and family law. You can search the online directory for a child support lawyer in your area.