I currently have a family law lawyer. I opened a child support case and my lawyer said that he will now only be able to handle visitation, not child support. is this true?
2006-07-21 12:23:55 · 4 answers · asked by lady 2 in Politics & Government ➔ Law Enforcement & Police
my lawyer is not trying to avoid child support. in fact he has been. what i meant was that he says he is not able to work with us with child support if i get the county child support people involved. then it becomes their job.
2006-07-21 12:43:37 · update #1
Well, i cant completely say he is right but he is not wrong either... I work for Child Support in the state of NJ, specifically for the Probation Dept that is in charge of the Child Support Enforcement Unit- (once a case is open we are the ones that monitor case and handle all proceeding- like setting for court, enforcements, garnishments, tax levies, tax interceptions, etc) While is not necessary to have a lawyer for child support proceedings, for petitions to open a case, enforcements or modifications there are certain times that due to specific problems the custodial parent feels more comfortable with a lawyer, it really doesn't matter, truthfully weather you have a lawyer or don't the outcome will be the same... your case will not be priority or neither will you get more money then the custodial parent that cannot afford a lawyer... With that being said, if you can afford a lawyer then your atty should be able to do custody and also file for your petition for child support- We have many visitation orders that come to our office that also addresses child support! so it can be done- Your lawyer can not enforce the order once the case is open but he can file the paperwork to do any modification to the obligation if u want... ex. if he gets a new job making more money then your lawyer may file for a motion for review and increase the obligation. ( again, you dont NEED a lawyer for this procedure but if u feel more comfortable w/ one and dont want to deal with the procedure yourself then your lawyer can do it)
2006-07-21 14:23:45 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Your attorney is able to handle the child support as well as the visitation, in fact the two usually go hand-in-hand. It appears he would rather not bother to do the work. Well that is okay. Cause the child support issue is a rather standard formula, that the courts, judge, child support office will decide at the time of visitation/custody. If the issue does not come up at that time, all you do is pose the question of support to the judge. You can also go to the proper office (whatever it may be called in your state) and simply file the case yourself. it is not difficult at all. Also you should question your lawyer and ask him why he doesn't wish to ask for support. That is unusual. Maybe you may want to consider another lawyer.
2006-07-21 19:39:01 · answer #2 · answered by jy9900 4 · 0⤊ 0⤋
Most child support cases are handled by the county attnry through the child support office. At the child support office it doesn't cost you anything. Plus they can have the $ took out of the other's check that way you know that you will receive it.
2006-07-21 19:30:17 · answer #3 · answered by aprillillie 2 · 0⤊ 0⤋
Yes they wont mix the two, I have had that experience, My Ex doesn't pay more than half the time, and he out of the blue decides to start seeing them again afters so many years, and it was a big issue, we have spent boo coo dollars on lawyers and going to court.. its ridiculous......
2006-07-21 19:29:35 · answer #4 · answered by medgirl 2 · 0⤊ 0⤋