what questions should i ask my lawyer about child support

Firstly, ask your lawyer about how child support is calculated. You need to fully understand how your current financial status along with your future ex-spouse’s financial state will impact the child support payment amount. Keep in mind that child support calculation varies between states.

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Do you have a question about child support?

Many parents have questions about child support. Child support is a critical aspect of a child’s upbringing, so it is essential that a person understand how child support laws work. Some of the most frequently asked questions regarding child support are:

What questions to ask a child custody lawyer?

Here are 10 questions to ask a child custody lawyer. It’s important to fully utilize your attorney’s expertise and feel completely comfortable. Don’t hesitate to ask them questions about his or her experience, your case, and how they can ultimately help you keep custody of your child. 1. What’s your experience?

Do I need a lawyer for child support issues?

Generally speaking, child support issues can be complicated and require much interaction between the parents and the court. It is in your best interests to hire a child support lawyer if you need assistance with child support issues. You can direct your child support questions to your attorney, who can then give you the information you need.

What questions should I Ask my Lawyer?

However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well. These questions are the bare essentials. Depending on the facts and circumstances of your case, you will inevitably think of many others. Ask them.

How to ask for child support in divorce?

Parents filing for divorce need to know which financial child support questions to ask their lawyers in order to fully understand the agreement they sign. Begin by asking how your state calculates child support payments. Then, inquire about what child support covers so that you can plan out your financial future.

Why do parents have to pay child support?

This can occur for a variety of reasons. A parent could lose their job. They could get in an accident that could result in expensive medical bills.

What does the court consider when awarding custody?

Generally, the court will consider the best interests of the child when determining to whom and in what manner to award custody. The factors that the court looks at are usually based on a family law that specifies relevant factors or case law in which judges have stated in past cases what factors can influence their decisions.

What factors are considered in a child custody case?

The court may consider factors specific to the child, such as the child’s age, sex and development. The court may also consider how close the child’s bond is to each parent and to siblings. If the child is old enough, his or her preferences may be considered by the court.

What is sole custody?

Sole custody is when one parent has nearly all of the rights and responsibilities related to raising the child. Some states differentiate between physical and legal custody. Legal custody means the right of the parent to make decisions for the child.

Do parents have to go to mediation?

Some states require parents to attend mediation before a court will hear the case. Through mediation or private conversations, the parents may be able to reach a decision regarding such issues as child custody, visitation and child support. The judge may give greater deference to agreements reached by the parents.

Can a parent have sole custody of a child?

In some cases, one parent receives physical sole custody and both may receive legal custody. In sole custody cases, the other parent may have visitation rights with the child or supervised visitation. The non-custodial parent may be responsible for financially contributing to the child’s upbringing through child support.

Why is it important to understand the things that a judge will consider when ruling in a child custody case?

These factors are considered because the judge wants to decide in favor of what’s going to best for the children involved in the case.

When filing for divorce, do you have to rotate your wishes for custody?

When you’re filing for divorce written into the petition for divorce, you’ll need to rotate your wishes for custody of your child. Another way to file for custody is during a legal separation. This is when you’re not married to the person you’re separating from, but there is a child that the two of you share.

What happens when you file for separation?

Once you file for separation, you’ll file another suit seeking custody of the child involved. A paternity action suit is a step a father needs to establish that he is the child’s biological father. Once paternity has been proven, he can then move forward with filing a suit for custody rights. 7.

What are the factors that are considered when determining the needs of a child?

Some of the factors that will be considered include: The relationships between the child and each of their parents. The health of each parent that will be caring for the child. The increasing developmental needs of the child. The emotional needs of the child. If each parent provides a stable environment for a child.

What happens if your home doesn't accommodate a child?

If you’ve found that your home doesn’t accommodate a child, then you may have to take steps to make it suitable before the case begins to increase the chances of the judge ruling in your favor. ...

Do you have to provide support if you are not the sole parent?

If the child involved in the case is your child, then yes, you’ll have to provide support if you’re not the parent with sole custody. Why you may ask? Because you’re responsible for helping care for the child and when you’re not the sole parent, you’ll need to provide some sort of help to care for the child.

Can a father get custody of his child if the mother is incompetent?

Some states do award the mother custody outright, and in those situations, the father still has rights that they can have enforced. In other states, if a father presents a strong case against the mother showing her incompetence at parenting, then the father can receive sole custody. When heading to court, if you feel your ex-spouse doesn’t have ...

Why is it important to speak to an attorney about custody issues?

If you are in the midst of a divorce or issues concerning the custody of your child have arisen, it is important to speak to an attorney to ensure that your rights as a parent are protected.

What are the factors that the court considers when deciding a child's wishes?

Instead, the court considers the child’s wishes and concerns as well as additional factors including: • Each parent’s wishes. • Adjustment to home, school, and community. • Child’s relationships.

What is sole custody?

In fact, the term “sole custody” really pertains to decision-making. If a parent has sole custody, he or she will be responsible for making the decisions concerning the issues affecting their child. These issues include, but are not limited to, health, religion, education and, extracurricular activities Sole custody does equate to more ...

What to do if your child threatens custody?

If the other parent threatens your right to custody or time with your child, the most important thing you can do is to think before you react. Avoid doing anything rash that could lead someone to question your actions. Seek legal counsel immediately to learn about your ...

Can you modify custody of a child if one party does not agree?

These arrangements can be modified at any time by agreement. However, if one party does not agree, modifications are more difficult. Depending on the type of custody arrangement, a parent seeking to modify custody may first have to establish that there has been a change of circumstances since the last order.

Does Ohio have a right to choose which parent to give custody of a child?

As of 1991, Ohio officially no longer recognized the right of a child to choose which parent would receive custody. However, under certain circumstance, Ohio law requires that, when making a custody determination, a Court consider the wishes and concerns of a child regarding the child’s care. The Court is not bound by the child’s wishes, regardless of that child’s age. Instead, the court considers the child’s wishes and concerns as well as additional factors including:

2. How is child custody determined?

Child custody is ultimately ordered by a judge. When ordering child custody, a judge will attempt to protect and uphold the child’s best interests. A judge will consider the following factors when determining child custody:

6. Should the custody case be taken to court or mediation?

The end result of any child custody case is to reach a final custody order. Custody orders can be reached in either mediation, arbitration, or court. Speak with your attorney and ask what setting is best for your custody issues to be resolved.

7. Does the level of custody affect child support?

The short answer is that yes, the level of custody each parent holds (among other factors) affects child support payments. A lower-earning custodial parent is likely to receive child support from a higher-earning noncustodial parent. The more custody a custodial parent has, the more likely they are to receive a greater amount of child support.

9. How can you help me get custody of my child?

Ask the attorney how they specifically can help you get custody of your child. Have them tell you a detailed course of action that will be taken over the coming weeks or months. Inquire about what they, compared to another child custody attorney, can do to help you get custody of your child.

Contact Us

If you or a loved one is wondering what questions to ask a child custody lawyer, contact us. We’ll get you in touch with the right attorney in your local area for your needs. Our skilled, passionate attorneys protect and defend mothers’ custody rights. Your first consultation is free. We’re here to help you 24/7.

What does it mean to file for child custody pro se?

When you file for child custody pro se, it means you represent yourself while in court. Even if you have gone through the process before, you should seek the counsel of a qualified family law attorney. This is particularly important if your ex has legal representation.

When do you have to have a temporary custody order?

Some states require you to have a temporary child custody order during the time between your separation and your divorce of the couple. There are other situations; this is advisable.

What is the difference between legal custody and physical custody?

Legal Custody? If you are given legal custody of your child, you make decisions on their behalf. If you have physical custody of your child, it means the child lives with you. Parents may have legal custody, even if they don’t have physical custody. As a result, you need complete knowledge ...

What happens if you don't agree with a parenting time schedule?

If parents are unable to agree, the court intervenes and creates a schedule based on the child’s best interests. 6.

Can a child custody case be bitter?

Any child custody case may become complicated and bitter if emotions begin to run high. An experienced and skilled attorney can help you understand your rights and help you prepare for the custody claim.

Is custody based on gender?

However, today, laws have been changed to be gender-neutral. What this means is that the law regarding custody doesn’t lean to one parent over the other based on their gender alone.

Can a parent have legal custody?

Parents may have legal custody, even if they don’t have physical custody. As a result, you need complete knowledge of the custody options available, such as bird’s nest custody, shared custody, sole custody, etc. An attorney can help you figure out what choice is right for your situation. 2. What Factors Do the Courts Consider When Deciding on ...

Why do lawyers provide free consultations?

Because lawyers often provide a free or low-cost consultation to discuss case details and possible avenues to pursue, you should take that opportunity to ask several questions. They will help you determine not only the merit of your case, but whether that attorney may be the right one for you.

What to do if you are embroiled in a family dispute?

If you find yourself embroiled in a family dispute, you should consider seeking legal counsel from an established family attorney. A family attorney can assist with dealing in matters of divorce, legal separation, child custody, child support, paternity, restraining orders, spousal support, premarital agreements, wills and trusts, ...

Why is it important to find out who your typical client is?

It’s also important to find out who their typical client is, because if that attorney deals primarily with corporate clients or clients far beyond your financial means, they may not be used to handling a client like you or your best interests. 3.

Why is it so expensive to hire a family lawyer?

Because hiring a family attorney can become expensive, especially if the case goes to court, you’ll at least want to determine what your other options may be. Arbitration and other out-of-court arrangements may be made to spare you not only time and expenses, but undue anxiety and other emotional distress.

Do you need to know about divorce?

No matter what your situation is, it’s absolutely vital for you to know as much as you can about your situation. This question will vary for each client, but if you’re entangled in a nasty divorce, you will want to know all there is to know about legalities involving divorce. The same would go for wills and trusts or child custody and alimony payments.

What factors are considered when determining child support?

When determining child support payment amounts, the court will generally consider the following factors: The needs of the child; The income of the custodial parent; The non-custodial parent’s ability to make payments; and. The child’s standard of living prior to the divorce, if applicable.

What are child support payments?

Some states have guidelines that they implement to determine a fair amount of support payments, while others award support based on each specific case. Child support payments are not to benefit the receiving parent, but the child. As such, these payments generally provide for: Food; Shelter; Clothing;

How to file for child custody?

In order to file for child custody you will need to first file a legal document asking the court to determine custody and appoint you as party with primary custody of the child. The actual name of the legal document you need to file depends on your local jurisdiction.

Why is child custody so complicated?

Because custody rights involve a child’s safety and wellbeing, child custody cases can be complicated. Additionally, state laws regarding the issue vary. Child custody cases require a good working knowledge of family law as well as state law. Below, we will discuss the most common questions related to child custody that Legalmatch receives.

What is child custody?

Child custody rights refer to a set of rights given to a parent in divorces and legal separation. Child custody rights include legal custody, which includes making important legal decisions on behalf of their child, and physical custody. Physical custody deals with which parent has the legal ability to determine the primary residence of the child.

What to do if you are not in custody?

If this is not possible, then you may need to take legal action. Some general suggestions include: File a lawsuit with the court for a custody order if the other party is violating a prior custody agreement, or if abuse is an issue; Initiate or seek family mediation if some amount of cooperation is possible;

Why is it important to have an attorney for custody?

As many situations involving custody and child support can lead to greater disputes with serious legal consequences, an attorney can help avoid these situations as much as possible while ensuring that the child’s rights are protected.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...