“What can a child support lawyer do for me?” If you’ve recently had this question on your mind, there are a few things we can do to help you. Divorce is never easy, and if you are thinking about visitation, child support payments, paperwork, and your legal rights, you need to speak with an attorney.
Parents must provide support for their minor children. When facing court battles, you can always hire a child support lawyer. Attorneys are here to help you protect your rights, take you through court procedures, update you on laws, and walk you through child support expectations. You will benefit from the advice of a person with deep knowledge of these subjects, who is 100% on your side.
Don’t flounder through court rules and legalese without the proper support. Your Kennewick family lawyer can help you with child support, custody, and paperwork. We take you through the process step by step in the article below, laying out everything you need to know about child support lawyers and how they can help you through this difficult time.
Table of Contents
- 1 What Is Child Support?
- 2 How Does Child Support Work?
- 3 Understanding Washington Child Support Guidelines
- 4 Who Is Responsible for Child Support?
- 5 Why Do I Need a Child Support Lawyer?
- 6 Benefits of Hiring a Child Support Lawyer
- 7 Can I Get A Court Appointed Attorney For Child Support?
- 8 Do I Need an Attorney for Child Support Hearing?
- 9 How Is Child Support Determined?
- 10 Can I File for Child Support Without a Lawyer?
- 11 How Much Does a Child Support Attorney Cost?
- 12 Conclusion
What Is Child Support?
Child support is defined as an ongoing and periodic payment made by the non-custodial parent for the financial benefit of supporting a child at the dissolution of a marriage. Child support exists to help support a child or children even after the parents have split up, enabling them to continue living their lives as intended.
It is necessary for all parents to support their children until they turn 19 and are no longer dependent, but child support is more than how it sounds. Child support exists to help provide a child with the same lifestyle they would have enjoyed had their parents not split up or separated. Child support allows children to continue living relatively normal lives, with the financial support that enables a proper education, living environment, health insurance, extracurricular activities, and more. Child support is not explicitly defined by covering the basic necessities of a child—the considerations behind child support cover all of their well-being.
The amount calculated for child support is based on a technical process that identifies the percentage of the combined salary of both parents. This is used in the upbringing of the child, but can become complicated over time as jobs, needs, and locations change.
How Does Child Support Work?
“Should I get a lawyer for child support?” The child support process is unique, and established on a case-by-base basis optimized for each individual’s family. Let’s go through the step-by-step process of child support, and how it might look for you.
- Determine Paternity: The first step of any child support case is to establish paternity, or legal fatherhood. This step is important for both parties and can help fathers develop an emotional bond with their children. This also enforces the legal relationship.
- Court Order: A court order will establish the financial amount of child, medical, and/or dental support for the noncustodial parent. This is a monthly payment, and depending on your state laws the child support order might also address custody and visitation.
- Collect Child Support: There are a few ways that parents can pay or receive child support, and your child support attorney can go over these options with you. Learn more about paying and receiving child support by speaking with your attorney.
- Child Support Enforcement: Sometimes parents fail to pay their child support obligation. There are tools available to enforce child support payments, including petitioning the court. Your child support lawyer can work with you to ensure you receive your payments on time.
Understanding Washington Child Support Guidelines
Washington State uses a formula to determine the monthly child support amount the noncustodial parent pays. Factors include the minors’ ages, the number of children, and each parent’s base income. Child support can be anywhere from $200 to $3,500 per month in Washington State, depending on the factors and variables plugged into the state’s formula.
The courts will designate a custodial parent, who is usually the parent receiving child support based on state laws. The custodial parent also has primary physical custody and is primarily responsible for the child’s day-to-day care (taking them to school, social activities, doctor visits, etc). Child support doesn’t only determine payments, but also how the child’s time between parents is spent.
Who Is Responsible for Child Support?
Both parents are technically required to contribute to child support. Typically, the non-custodial parent (the one who does not have physical custody) will pay the child support. Child support is calculated based on specific state guidelines, with factors such as financial status, financial needs, and more. Child support exists as a resource to help a child continue living the life they would have had if their parents had not divorced.
Why Do I Need a Child Support Lawyer?
“Can you get a lawyer for child support?” A family law attorney can assist you with your case by providing support on various issues.
Your attorney can help by:
- Explaining legal issues and state law.
- Preparing you for what to expect at each legal stage.
- Evaluating your case and providing proper legal advice.
- Representing you at court hearings and mediations.
- Negotiating on your behalf.
- Calculating child support payments.
- Telling you how to proceed.
While hiring an attorney might seem like an expense, the cost is worth it for child support cases. A family law attorney can save you time and effort, especially if your case goes to court. If your child support case is complicated by legal issues such as a noncompliant ex or custody disagreements, a lawyer can help the judge rule in your favor.
Also, the other parent might have a lawyer, which means they have someone working with them who understands the law, courts, and the child support process. Don’t position yourself in a way where you are learning the legal process while your ex’s attorney provides pertinent information.
Finally, a lawyer can help you calculate child support. While child support payments are determined by state laws, it’s not as simple as gross income or the number of children—there is a complex formula that has to be followed. Your lawyer will help you gather documentation, protect your privacy, improve the accuracy of your statements, and help make custody arrangements.
Benefits of Hiring a Child Support Lawyer
A child support lawyer can organize child support payments, clarify and determine the terms of child support orders, while also enforcing custody agreements and visitation periods. They enter negotiations for their clients and support during court as well.
Explain the Child Support Process
A child support lawyer will start off by explaining to you how the entire process goes from beginning to end. When you first contact this lawyer, they will tell you the initial steps you need to follow, which involves paperwork and answering any of your questions.
The goal is to make life easier for you. They’ll explain the rights of each parent regarding your unique situations and see if you qualify for any child support modifications.
These attorneys also assess the child support case, look at the documents, clarify the terms, and calculate potential payments.
If you’re a divorcing parent, you’ll want to call your Kennewick Family Lawyer to help you with this process. The longer you wait, the more time you’re going without the support and financial assistant you need to take care of your children. Child custody lawyers can even help you get back child support that you should have received over time.
Help with Child Support Implementation
Every state has different requirements for setting up and implementing child support orders. If one exists currently, you can speak with the local governing authority. If you don’t have a child support order already in place, you’ll want to talk to a child support attorney because they will help you set it up and implement it.
The implementation process is everything that follows once everyone agrees on the terms, and paperwork begins. The reality is, not every divorcing couple will come to an agreement, which leads to court hearings to determine custody as well as monthly payments.
You have the right to get the money you feel is necessary to take care of your kids as well as the proper custody agreement.
Once both parties come to a common ground, this is when the attorney can enforce the custody and child support agreements.
Help Negotiate Child Support Payments
If both parties cannot reach an agreement, this is where litigation may occur, and the attorney will assist you with serving your ex-partner with a child support order requiring them to pay that amount of appeal in court. If they choose to appeal the support, then they’ll need to present themselves with their lawyer to argue the judgment.
Parents who fail to comply with their court-ordered obligation may need child support enforced. Enforcement and modification are important aspects of child support. If the support-paying parent suddenly loses their job or has a decrease in hours, they may fail to meet their obligation. It may become an enforcement issue, and your attorney can help you file with the courts.
Negotiating these terms on your own is difficult, and if you don’t get along well with your ex, it’s impossible to agree. This is another reason why it’s so important to have a child support attorney. Your Kennewick lawyer can help you with creating, negotiating, and enforcing these child support payments. If a judge determines one party is not meeting their financial obligation, they might enforce a court order, such as garnishing wages.
Pleadings and Orders
Your child support lawyer offers you many benefits, such as being necessary for pleadings. Your attorney will help you prepare a complaint that presents your case, and they will know how to verbalize it in a way that encourages the judge to rule in your favor.
It is your responsibility to prepare the order once a judge rules on your case. Your attorney will write an order that complies with the court’s ruling, containing all the mandatory legal jargon.
Also, if the other parent is the moving party, your judge will know how to review the court order for accuracy and make any necessary adjustments before signing.
Protect Your Legal Rights
It’s important to understand that both parents have legal rights, and there are no two situations that are exactly the same. Both the mother and father have the right to proper visitation and financial support, so if you feel like your rights are being stripped away from you, you deserve the right to hire a lawyer and settle it once and for all.
A child support lawyer will ensure that they protect the rights of both parents, and each person gets a fair and equal share of the situation. No parent should feel like they’re losing their child or overpaying in child support to the point where it becomes a strain on their ability to stay above water.
Hearing Preparation
Your attorney can help you prepare for a hearing or file a modification request by gathering necessary evidence and providing you with the resources and expectations you need moving forward. If you’re going through a divorce for the first time, you may need to establish child support at a temporary order hearing.
If you have an existing child support order, your attorney can gather tax returns, pay stubs, and other financial information for each parent to determine how much the noncustodial parent should pay.
If you are attempting to modify a child support order, your attorney can prep you for the hearing, gather evidence, and present your case to the court.
Helps with the Complicated Cases and Modification Cases
Divorce cases are inherently complicated, even when you believe an amicable issue might be resolved easily. Whenever a case involves children, a divorce case becomes very complicated because of child support.
With the help of an experienced attorney, you can resolve complex issues beforehand because of their previous experience. A good divorce lawyer has solved these complex cases before and will be well-versed in your scenario regardless of its complexity. They can also help with adoption cases
With any case involving child support, it is advised to have a lawyer. Even if you believe you don’t need them for your initial hearing, there can be issues that crop up that need the specific attention of an experienced attorney. Regardless of how you appraise your relationship with your ex-partner, things can change, and you might need to modify your payment plan or child support details.
Modification cases can become complex simply because they involve money. This can be true for both the custodial and non-custodial parent—in the case of the latter, you might have lost your job, come into some medical expenses, or be facing significant debt. The courts will consider your previously agreed-upon plan if you are unable to pay the amount. If the child is in your custody and the non-custodial parent is suddenly earning significantly more, you may want to modify the child support plan based on legitimate grounds.
The courts will reconsider a parenting plan or child support payment if it is in the best needs of the child.
Not all modifications are guaranteed regardless of your situation, which is why you need an experienced lawyer on your side. Consulting with a good family law attorney can help you better present your case before the judge, and they may be able to argue better on your behalf. The child support lawyers in Kennewick have years of experience navigating the complexities of divorce law.</span/p>
Can I Get A Court Appointed Attorney For Child Support?
Yes. If a single parent can’t afford to pay for an attorney, they might be qualified for a court appointed one. An attorney appointed by the court will represent and serve the single parent the same as a paid one. Many family court systems maintain a thorough network of pro bono attorneys that can assist in child custody cases.
Do I Need an Attorney for Child Support Hearing?
While you can represent yourself, having a Washington State Bar certified family attorney at your child support hearing to represent you will greatly assist your circumstances. While there is no right to a free attorney at child support hearings, there are some organizations that might provide help.
How Is Child Support Determined?
Many parents feel that the child support system is unfair or that it favors one person over the other, but there is a calculated system used to determine the amount a parent must pay. It starts with the gross income of the two individuals. This includes wages, investments, bonuses, and employee benefits.
They also consider healthcare costs. If one parent has to carry insurance for three children, then the other person is responsible for financially assisting with that cost. Non-custodial parents who spend a significant amount of parenting time with the child receive a child support credit, and figuring out how much that should be is a challenge. This is once again where a child support lawyer comes into play.
Many of these issues and guidelines will require an attorney to stray from the rules to make something work properly for both parties. There is never a perfect right or wrong way to determine child support and custody agreements. Instead, all parties must work together to figure out what works best for kids and adults.
Without the help of a mediator, this could be impossible, so you should keep that in mind as you’re going through this situation.
Can I File for Child Support Without a Lawyer?
You don’t need a lawyer to enforce or modify child support, in most cases. You can submit a modification for child support through the appropriate courts, and while filing a motion or petition can be done on your own it’s best to consult with your lawyer.
How Much Does a Child Support Attorney Cost?
Attorneys can charge flat fees or post an hourly fee, depending on their services. Some attorneys ask for a retainer fee for their services so that they can better help you and gather resources.
The amount you need to pay depends on your attorney’s experience and the complexity of your case. There might also be additional fees associated with your case, including court fees.
Conclusion
As you can see, a child support lawyer does a lot within this process. They not only act as the first point of contact, but they consistently act as a mediator, organizer, and enforcer of both child support and custody agreements.
If you’re a divorced parent or planning on getting a divorce and you worry about what will happen with your kids, you’ll want to speak with someone at Skyview Law.
We can not only handle everything to do with your child custody concerns, but we’ll also make sure to protect your rights so no one ever takes advantage of you and so you get the financial and emotional support you deserve.