Child Support Order Lawyers

Becoming a parent includes the obligation to provide financial support for one’s child or children. This responsibility continues regardless of custody, visitation, or the nature of the parent-child relationship.

In many cases, courts need not intervene in a parent’s support of their child. However, in situations involving disputed paternity or custody, courts do become involved in child support matters.

What is a Child Support Order?

A child support order is a legally binding court document that outlines the amount and frequency of financial support a parent must provide for their child.

Courts calculate the required support amount based on a specific formula considering several factors. Each state’s formula differs, but common factors include the paying parent’s income, the number of children, the amount of time the child spends with the paying parent, any ongoing monthly medical expenses, and any special needs the child may have:

1. Income: The court may consider the paying parent’s income from all sources, including wages, salaries, commissions, bonuses, rental, and investment income. For example, in California, the court considers the paying parent’s net disposable income, which is their income after certain deductions such as taxes, retirement contributions, and health insurance premiums.
2. Number of Children: The court may consider the number of children for whom support is being sought. For instance, in Texas, the child support guidelines provide a table that shows the minimum amount of child support based on the number of children and the paying parent’s income.
3. Amount of Time the Child Spends with the Paying Parent: The court may consider the amount of time the child spends with each parent when calculating child support. For example, in New York, the court may adjust the child support amount based on the amount of time the paying parent spends with the child.
4. Monthly Medical Expenses: The court may consider any ongoing monthly medical expenses for the child, such as health insurance premiums or expenses not covered by insurance. For instance, in Florida, the court may order the paying parent to provide health insurance for the child if it is available at a reasonable cost.
5. Special Needs of the Child: The court may consider any special needs of the child, such as education or medical expenses. For example, the court may order the paying parent to contribute to the child’s college education expenses in Illinois.

Each state’s formula and guidelines for calculating child support may differ, and some states may consider additional factors not listed here. Consulting with a local attorney can help you understand your state’s specific guidelines and factors.

Child support obligations can only be discharged or altered by a court order. If a parent’s financial circumstances change, they must request a modification from the court. Bankruptcy cannot relieve a parent of their child support obligations.

How Do You Get a Child Support Order?

To obtain a child support order, a parent must initiate legal action by filing a paternity or custody suit against the other parent. The court will then determine the parentage (in paternity cases) and establish the appropriate support amount based on the abovementioned factors.

In some instances, parents may agree on child support amounts. Courts typically require the agreed-upon amount to be no less than the amount determined by the state’s formula, but it can be higher if both parties consent. Parents can also agree on dividing specific child-related expenses, such as private school tuition.

Child support generally lasts until the child turns 18 or graduates from high school, whichever occurs later. However, parties can agree to extend child support obligations beyond this point, subject to state laws.

What Happens If You Violate a Child Support Order?

Violating a child support order can result in serious consequences.

Courts have several enforcement mechanisms to ensure that child support orders are followed. Here are some examples:

• Wage Garnishment: The court may order the non-paying parent’s employer to deduct a certain amount from their paycheck and send it directly to the custodial parent. For example, in 2018, a court in Tennessee ordered the wage garnishment of a father who owed over $300,000 in back child support.
• Tax Return Seizure: The court may intercept the non-paying parent’s tax refund and use it to pay the owed child support. For instance, in 2020, Indiana intercepted over $7.5 million in tax refunds from non-paying parents.
• Professional License Suspension: The court may suspend the non-paying parent’s professional license, such as a driver’s license, medical license, or contractor’s license, until the child support payments are made. For example, in 2019, a court in Florida suspended a father’s driver’s license for failing to pay over $20,000 in child support.
• Driver’s License Suspension: The court may suspend the non-paying parent’s driver’s license until they make the child support payments. For example, in 2018, a court in Michigan suspended the driver’s licenses of over 11,000 parents who owed child support.
• Incarceration: The court may order the non-paying parent to be jailed for failing to pay child support. For instance, in 2020, a court in Texas sentenced a father to six months in jail for failing to pay over $16,000 in child support.

State agencies can enforce child support orders using similar enforcement mechanisms, such as placing liens on property or intercepting lottery winnings.

A lien is a legal claim or hold on a property as security for a debt or obligation. In the context of child support enforcement, a lien may be placed on a non-paying parent’s property to secure the payment of child support arrears.

Different types of liens can be placed on a property, depending on the state’s laws and the case’s specific circumstances.

Some examples of liens that may be used for child support enforcement include:

1. Judgment liens: These liens are placed on a non-paying parent’s property due to a court judgment in favor of the child support obligee. The lien remains in effect until the debt is satisfied.
2. Tax liens: In some cases, child support arrears may be treated as a tax debt, and the state may place a tax lien on the non-paying parent’s property.
3. Mechanic’s liens: If the non-paying parent is a contractor or owns a construction company, a mechanic’s lien may be placed on their property for unpaid child support.
4. Mortgage liens: If the non-paying parent has a mortgage, a lien may be placed on the property behind the mortgage lien.

Do I Need a Lawyer to Get a Child Support Order?

Child support matters can be complex and significantly impact your child’s well-being and future. Consult an experienced child support attorney if you face a child support situation. They can guide state-specific formulas, legal procedures, and the best course of action for your circumstances.

LegalMatch can help you find an experienced child support lawyer to help you with your case. LegalMatch is an online legal matching service that connects people with local attorneys with experience in the specific legal issue they face.

To use LegalMatch, you must provide basic information about your case and location. Then, LegalMatch will match you with attorneys qualified to handle your case. You can review attorney profiles, read client reviews, and compare fees to help you select the best attorney.

Once you have selected an attorney, you can schedule a consultation to discuss your case and receive legal advice on your options for obtaining a child support order. Use LegalMatch to find a lawyer who can give you peace of mind and protect your child’s best interests.