In basic terms, child support is the financial obligation the non-custodial parent owes to the parent with primary custody of a minor child, according to Cornell University Law School. If a person is involved in a matter involving child support, he or she needs to understand how an experience lawyer can assist with the matter.
Legal Assistance for Custodial Parent
An experienced lawyer can assist a custodial parent in a child support case in a number of different ways. Each states maintains what are called child support guidelines, according to Cornell University Law School. The primary task of an attorney in assisting a custodial parent is ensuring that the requirements of child support guidelines are met.
In representing the custodial parent, a lawyer appreciates that the purpose of child support is to ensure that the best interests of the child are met through a support order. In the end, child support does is not intended to benefit the custodial parent, but the minor child, according to Cornell University Law School.
We talked with the Law Offices of Paul A. Borronow about this very subject. They said, “In some cases, a custodial parent is faced with an opposing parent who is attempting to improperly limit the amount of child support ordered in a particular case. A skilled child support lawyer representing a custodial parent understand what strategies to employ to ensure that this avoidance tactic does not prevail in a particular case.”
Legal Assistance for Non-Custodial Parent
Another area in which an attorney can assist in a child support case is by providing representation to a non-custodial parent. Again, the non-custodial parent is the one who will bear an obligation to pay financial support for a minor child.
As is the case when representing a custodial parent, the primary objective of an attorney for a non-custodial parent is to work to ensure that the mandates of a particular state’s child support guidelines are satisfied and not abused. There are instances in which a custodial parent “makes a play” for a larger amount of child support that is not consistent with the guidelines nor necessary to ensure that the best interests of the child are protected.
Child Support Enforcement
Sadly, child support obligations with surprising frequency are not satisfied by the non-custodial parent. In some cases, a non-custodial parent runs into some sort of legitimate financial issue that prevents complying with an existing child support order. However, in some cases, a non-custodial parent makes the decision not to comply with the child support order.
A primary area in which an experienced attorney provides assistance is in the area of child support enforcement. Through legal counsel, a custodial parent can obtain a court order of enforcement that includes sanctions against the non-custodial parent. These including a variety of sanctions, up to and including incarceration in most states.
Revising a Child Support Order
In some cases, a change of circumstances occurs — technically, a “material change of circumstances,” according to Cornell University Law School. When this does occur, a modification of an existing child support order may be necessary. Modifying an existing child support order represents yet another area in which an experienced attorney can provide vital legal assistance to either the custodial or non-custodial parent.
Initial Consultation with Child Support Attorney
As noted, person facing the prospect of a child support case needs to consider seriously engaging the services of an experience family law attorney, according to the American Bar Association. The typical attorney who provides representation in child support cases will schedule an initial consultation with a parent at no cost.
During an initial consultation, a parent is able to get a better overview of the child support laws in his or her state. In addition, the attorney is able to evaluate a particular child support case and provide insights in what strategies might be employed to best put forth that parent’s position.
