You could ask your attorney to file a motion with the court asking that the other side pay your fees and to continue in the case at least until that motion is granted. It is not the case that nothing has been accomplished. You have a court order for custody of your children and, one presumes, child support.
Full Answer
Here are some reasons why you would want to hire a child support attorney: If you have a complicated case, a lawyer may be necessary: If your ex, for instance, does not agree with the amount of child support, custody arrangement, or the terms of a divorce, then a lawyer would be best suited to convince the judge to rule your way.
As your custody arrangements will directly affect your relationship with your children, it may be the best option to hire a lawyer. Modification of child support is easier with a lawyer: If you want to modify an existing child support order, you will need to show a substantial change in circumstances.
If you’re a responsible parent, you’re legally entitled to half of your children’s time regardless of how much money you have. But if you can’t afford a lawyer, it’s like you’re being punished for your income. Lawyers can get quite expensive, but you don’t want to take any chances and you need all the help you can get.
Frequently, the people who need an attorney the most are also the ones who can least afford to pay for one. Whether accused of a crime, injured in an accident, or facing the possibility of losing your children, there are many situations where the stakes are so high that you might desperately need an attorney even though you have no way to pay.
For example, if the parent has a net income of $6,000 per month and supports two children, and then that parent intentionally becomes unemployed or underemployed to avoid paying child support, the court can say that the parent still owes $1,500 per month (or $18,000 per year) in child support payments.
Child support payments vary wildly from state to stateThe Northeast has highest child support payments, while Rocky Mountain states are the lowest.Child support is $100 more in states that don't consider a mother's income.Mississippi, North Dakota and Texas still don't compute mothers' income into their calculations.
Typically, to stop child support payments, a petition to terminate child support withholding must be filed in the same court that established your original child support payments.
The only way to reduce basic child support is with the court's permission. Unless a judge modifies your support order, paying anything less than the amount the order requires is a violation of the support order. This means that you should never reduce your payments or cancel your payments without court approval.
In state-by-state rankings, Massachusetts ranks highest with the most expensive child support payments, averaging $1,187 per month. Virginia mandates the least support at $402 per month.
On the basic rate, if you're paying for: one child, you'll pay 12% of your gross weekly income. two children, you'll pay 16% of your gross weekly income. three or more children, you'll pay 19% of your gross weekly income.
Offences and Penalties if you don't pay child maintenance A parent is therefore fully entitled to lay a criminal charge against a person who is obliged to pay maintenance in terms of a court order if he/she fails to stick to the terms of the order.
Your pay can be garnished. A court can order your earnings to be withheld by your employer and used as payment for your child support debt. The garnishment will either be the entire court-ordered amount or up to 65% of what is determined to be your disposable income amount (whichever is less).
1 child = 20% of income. 2 children = 25% of income. 3 children = 30% of income. 4 children = 35% of income.
Child Support Obligations If a parent doesn't pay, he or she can be held in contempt and fined or sent to jail. Also, his or her driver's license (and any professional license) may be suspended. A parent can also face criminal charges if nonpayment continues for an extended period of time.
Mother's monthly net income is $3,000 and father's is $4,500. Since father's portion of the monthly net income is 60%, father pays 60% of the monthly child support amount. The monthly child support amount is $1,729, per the child support guidelines, therefore, father's obligation is approximately $1,037.
Yes, if both parties agree there is no requirement that a support order be entered through the courts. Parties can make agreements outside of Domestic Relations and never enter the court system. Likewise, if the parties decide to drop support after it has been entered they can do that too, as long as they both agree.