On average, a child support lawyer will usually charge their clients somewhere between $100 and $500 or more per hour. The total cost for a fairly straightforward child support situation ranges between $2,500 to $5,000.
How much a lawyer will cost, however, may vary depending on whether the case is complicated or requires extensive court proceedings. In addition, the case may cost more based on the lawyer’s practice location and experience. Interstate child support cases may also cost more, as they may involve laws in multiple states.
What Can a Child Support Lawyer Do?
Child support lawyers can help their clients with many different issues, including child support qualifications, obtaining child support, child support for a non-biological child, and providing proof of child support. A lawyer can also help resolve withholding child support, such as if a parent is not paying or if too much is being withheld from a parent’s paycheck.
The purpose of child support
Child support is a sum of money that is typically paid monthly to a parent who has primary custody of a child by the child’s other parent. Child support is meant to be used for the benefit of the child to cover their basic needs, including:
- Food, housing and clothing
- Health insurance and medical care
- Educational expenses
It is important for parents to be aware that child support is not intended to be used for their benefit, but for the child’s. It is also intended to be used to provide basic necessities and not luxury items that are not required to raise the child.
Calculating child support
A child support attorney can help a parent get an idea of how much child support they may receive or may be required to pay. Child support determinations will always be made following the child’s best interests standard.
In most cases, a child’s parents will need to provide financial information, including the details of their monthly income and expenses as well as assets they own. Most states have standard formulas for calculating child support payment amounts, which an attorney can help their client calculate.
The factors that courts typically review to calculate child support amounts include, but may not be limited to:
- The child’s age, gender, and background
- Whether the child has any special physical, medical, or academic needs
- The educational background and income of each parent
- How many children are involved in the case
- Whether a parent has previously been required to pay child support
- Any other factors the court determines are relevant to the case
Child support modifications and reductions
A child support attorney can help a parent obtain an adjustment of their child support amount if their situation changes, called a child support modification. If a parent has a change in their circumstances, it is important to ask their lawyer to petition the court for a modification and wait for an order to be issued before they make any changes to their payment amount.
In some situations, an attorney can help their client obtain a reduction in the amount they are required to pay if they experience major changes, such as:
- A change in residence or location of one of the parents
- Loss of employment
- A reduction in salary
- An increase in family size
- Other major life changes that can impact child support payments
Failure to pay child support
A lawyer can help a client if a child’s parent has failed to pay the child support they were ordered to provide. When a parent has not paid the ordered amounts, they become child support arrears.
If a parent has repeatedly failed to make their required child support payments, a child support attorney can help the receiving parent ask the court to impose legal consequences, such as:
A wage garnishment requires an employer to deduct the child support amount from a worker’s paycheck to cover unpaid child support amounts. There may also be other methods available, depending on the location.
Child support termination
It is important for a parent to be aware that, depending on their specific order, child support may or may not automatically terminate when the child reaches the age of majority in the state. A parent may also be required to continue to make child support payments after their child reaches adulthood if they have a physical or mental issue or disability that makes them dependent on the support of their parent.
A child support attorney can review their client’s situation and determine what steps they can take to resolve the child support issue they are having.
What Factors Affect the Cost of a Child Support Lawyer?
There are numerous different factors that may affect the cost of a child support lawyer, including, but not limited to:
- The child support attorney’s experience level and location
- Whether the lawyer requires clients to pay a retainer fee
- Whether the child support issue is complex or appears simple to resolve
- Issues that complicate these types of cases can include paternity disputes, contentious custody battles, or complex financial issues
How Do Child Support Lawyers Charge for Their Services?
Usually, a child support lawyer will charge for their services with an hourly rate. It is also common for these types of lawyers to require clients to pay a retainer fee.
As the lawyer works, they will bill against the retainer fee until it is used completely. At that time, if they continue working on the case, they will charge their hourly rate.
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Are There Additional Costs Associated With Hiring a Child Support Lawyer?
Yes, there may be additional costs associated with hiring a child support attorney, such as:
- Court filing fees
- Expert witness fees
- Document preparation costs
- Discovery costs
- Travel expenses
- Other expenses related to the case
It is important for a potential client to discuss all issues related to fees and potential costs during their child support lawyer consultation. This includes asking if the retainer fee will be refundable and exactly what the attorney’s fees will cover.
Can You Hire a Low-Cost or Free Child Support Lawyer?
Yes, there may be low-cost or free child support lawyers that may be available, depending on an individual’s location. They can reach out to local bar associations and legal aid organizations for more information on the services they may provide. Some bar associations may have volunteer attorneys who provide pro bono services.
Typically, an individual must qualify based on their income. In many situations, these lower cost services providers only offer specific and limited services to clients.
An excellent resource for saving money when hiring a child support lawyer is to use LegalMatch.com, as it offers lawyer matching services at no cost. It only takes a few minutes to use and an individual will receive messages from licensed lawyers near them and they can communicate about fees.
In addition, many child support attorneys may provide free initial consultations, meaning they will waive the consultation fee.
How Can You Save Money on Child Support Attorney Costs?
There may be ways a client can save money on child support lawyer costs, such as:
- Gather and organize important documents before meeting with the attorney
- Have clear communications with the attorney
- Avoid unnecessary legal battles
- Consider using mediation
- Communicate with multiple attorneys and compare fees and costs
- Ask about a payment plan
- Be willing to compromise and not fight over every issue
An individual may also be able to contact their local Office of Child Support Enforcement to apply to receive child support. They will need to provide certain documents and information, such as:
- A valid photo ID, for example, a valid driver’s license or current passport
- Proof of an address, such as a recent rent receipt, mortgage statement, or utility bill
- Birth certificate for the child for whom the person is seeking child support
- Proof of the paternity of the individual whom they are seeking child support from
- Proof of income, for example, a recent pay stub
- Evidence of recently made child support payments
- Statements of unpaid child support that is owed
- Existing child support orders for each child
- A divorce decree, if applicable
- Additional financial documentation, such as evidence of real estate or personal property that the person owns
An individual’s lawyer can help them with the application process and ensure they gather all of the necessary information before they apply.
What Questions Should You Ask a Child Support Lawyer Before Hiring?
An individual may be wondering about questions to ask a lawyer about child support before they hire them. Examples of important questions potential clients can ask include:
- What is your experience handling child support cases?
- What is your success rate with child support cases similar to mine?
- Are you experienced in handling complex child support cases?
- How do you prefer to resolve a case, through litigation, mediation, or negotiation?
- How will I be updated about my case?
- How can I get in contact with you when necessary?
- What are your hourly rates?
- Do you require a retainer fee?
- Will there be additional costs?
- How will the child support guidelines in my state impact my case?
- What are the potential outcomes of my case?
- What options may be available if my child’s other parent is not making payments?
- If there is a large amount of past-due child support, how can I go about collecting that?
- Who will be working on my case?
Should I Hire a Child Support Lawyer?
Child support cases can be emotional and complex. It is important to have help from a child support lawyer when you are just seeking advice and information on your situation or if you need representation in court.
Having a lawyer will make sure that you and your child’s rights are protected throughout the process. These cases can also be contentious and an attorney can help you negotiate and reach a compromise with your child’s other parent.
You can use LegalMatch to find member child support lawyers in your area at no cost who are pre-screened and licensed. You can use the information provided in these responses to help you find a child support lawyer in your budget who can resolve your case.
