What We Do – CHILD SUPPORT

CHILD SUPPORT

Child support is a court-ordered financial obligation that a non-custodial parent must pay to the custodial parent for the benefit of their child. Child support is intended to provide for the child’s basic needs, including food, shelter, clothing, and medical care. In the eyes of the law, child support is considered the right of the child, rather than the custodial parent, and is intended to ensure that both parents are contributing financially to the child’s upbringing.​

The amount of child support is determined by state law and is based on a variety of factors, including the income of both parents, the number of children involved, and the child’s needs. Child support orders are typically established as part of a divorce or custody proceeding, but can also be requested through a separate child support enforcement action. Once a child support order has been established, the non-custodial parent is legally required to make regular payments to the custodial parent in the amount specified by the court.

Failure to pay child support can result in legal consequences, including wage garnishment, seizure of assets, and even imprisonment in extreme cases.​ Overall, child support is a critical legal mechanism for ensuring that children receive the financial support they need from both parents, and is an important component of any custody or divorce proceeding.

As a law firm, we are committed to providing expert legal guidance and advocacy to ensure that our clients’ child support rights are protected and enforced.

Types of Child Support

Temporary Support:

A type of child support that is ordered by the court during the pendency of a divorce or custody proceeding, and is intended to provide for the child’s immediate needs until a final support order can be established.

Ongoing Support:

A type of child support that is ordered by the court as part of a final divorce or custody judgment, and is intended to provide for the child’s ongoing needs until they reach adulthood or become emancipated.

Retroactive Support:

A type of child support that is ordered by the court to cover past-due payments that were not made by the non-custodial parent in accordance with a previous court order or agreement. Retroactive support can also be ordered when there was no previous order or agreement in place.

Arrears

Child support arrears refer to past-due payments that a non-custodial parent owes to the custodial parent for child support. Arrears can accumulate when the non-custodial parent fails to make timely or full payments in accordance with a court order or agreement. Arrears can lead to legal consequences, such as wage garnishment, seizure of assets, and even imprisonment in extreme cases. The custodial parent may also pursue legal action to collect the arrears, which can include interest, penalties, and fees.

Eugene Federal Courthouse

A lawyer can assist you with Child Support in a few ways:

1. Negotiating a Payment Plan:

A lawyer can help negotiate a payment plan with the other parent or their attorney to help you catch up on child support arrears. The plan may involve making lump-sum payments, increasing regular payments, or other terms.

2. Filing for modification:

If you are unable to pay child support due to a change in circumstances, such as job loss or illness, a lawyer can help you file for a modification of the child support order to reduce your payments.

3. Filing for enforcement:

If the other parent is not paying child support or arrears in accordance with a court order or agreement, a lawyer can help you file for enforcement actions, such as wage garnishment, seizure of assets, or contempt of court proceedings.

4. Reviewing financial records:

A lawyer can review financial records, such as tax returns and pay stubs, to ensure that the other parent is accurately reporting their income and paying the correct amount of child support.

5. Representing you in court:

A lawyer can represent you in court and make legal arguments on your behalf to support your position regarding child support and arrears.

6. Providing legal advice:

A lawyer can  can also explain the potential risks and benefits of different legal strategies and ensure that your legal rights are protected throughout the process.