Do I Need a Lawyer to Establish Child Support in My Divorce Settlement?
A child support attorney can be the most helpful attorney during a divorce procedure, because he or she can answer all questions about child support agreements and other issues from the divorce. A child support attorney is not required by law during a divorce settlement, because not everyone can afford to hire a child support attorney. Many people working on a divorce settlement will hire a child support attorney to help them establish child support agreements and other child custody arrangements. Child support attorneys are familiar with the laws regarding child support agreements within the state they practice and can help to alleviate some of the burden associated with establishing child support arrangements on one’s own.
Finding the Right Child Support Attorney
If you have decided to hire a child support attorney for your case, you probably are seeking counsel and representation regarding divorce and child support settlements. The search should include referrals from coworkers, friends, and family members as well as an Internet search and a search in the Yellow Pages. Meet with at least five different child support attorneys before making a decision as to whom you should hire. When meeting with the child support attorneys you should ask the following questions:
- How long have you been practicing with child support agreements?
- What percentage of your cases deal with divorce and child support settlements?
- Are there any issues or problems that can affect my divorce and child support settlements?
- How much do your child custody attorney services cost and when will I be billed?
- How often can we meet to discuss the child support agreements and other developments in the case?
- How is the divorce and child support settlements process handled where I live?
- Is there a specific process we can use when establishing child support after my divorce settlement?
After the initial consultations are complete, you should narrow the list down to two or three lawyers to choose form. Meet with these child support attorneys again to determine which one makes you feel the most comfortable when in their presence. Make the final decision and contact the child support attorney of your choice.
Applying for Child Support Agreements
Child support agreements cannot be enforced by a spouse, but can be more readily enforced by a lawyer, who knows the laws very well, in a court of law. A child custody attorney, even though not needed, can make the process of divorce and child support agreements much easier. A child support lawyer will be able to have the child support payments enforced by law if payments are not being made by the specific spouse. The truth of the matter is that representing yourself in any type of court case will make it extremely difficult to be successful. That is why a child support attorney should be hired whenever the matter involves a court appearance. Applying for child support can occur without the helping hand of a lawyer because there are agencies within each state those deals with this matter. It takes a couple of minutes to fill out the application and submit it to your state’s child support agency. A child support attorney will need to be hired when the matter heads to court for any reason. For instance, your spouse might disagree with the child support request and take you to court to have it revoked.
Using a Child Support Attorney as a Mediator
In some instances, when establishing child support agreements there will be a mediator present at a meeting between the husband and the wife. The mediator will not be able to relieve any of the financial burden that will be placed on the spouse ordered to pay child support, but will help the couple reach a mutual agreement regarding child support. Even if the couple decides to meet with a mediator, both spouses can bring child support attorney with them to help expedite the process. The child support attorney will also be able to explain all terms of the agreement and work with the mediator present to lower the financial burden placed on the paying spouse.
Obtaining Garnishments for Missed Payments
A child support attorney will play a major role in obtaining payments from a spouse who is unwilling to make them. When you hire a child support attorney, the child support attorney will be able to perform one or more of the following:
- The lawyer will be able to obtain garnishment orders if the spouse is employed.
- The lawyer can file contempt of court proceedings against the ex-spouse for not following the court’s orders in the child support agreements.
- The lawyer can have tax refunds intercepted.
- The lawyer can have holds placed on the ex-spouse’s passports.
- The lawyer can also place liens against the ex-spouse’s vehicles and real estate.
A divorce attorney
can be extremely helpful in obtaining the payment of child support agreements because they have the ability to work with the court and file certain paperwork to obtain the papers. The most popular way for a lawyer to obtain child support payments are to file for the garnishment of the ex-spouse’s wages. Wage garnishment is when a person’s paycheck is reduced because money is taken out and sent to the spouse needing child support payments. The length that this occurs depends on when the ex-spouse will begin to pay child support on their own.