Baton Rouge Child Support Lawyer

Baton Rouge Child Support Attorney

Child support is typically one of the more contentious family law issues. Regardless of what side of the dispute you’re on, a skilled Baton Rouge child support lawyer can help you navigate these kinds of complicated cases.

At the Rowe & Manning Law Firm LLC, we recognize the unique challenges involved in child support. We can help you understand how a parent’s income is calculated according to the law, as well as how that will impact the child support payment. We also understand the circumstances in which the court may deviate from the guidelines and require a different payment. We can represent you and argue for your interests in any negotiations or hearings related to the issue of child support.

How Is Child Support Determined?

Child support is determined in Louisiana by a child support guidelines table that takes into account the income of each parent, the number and ages of the children, and other expenses such as those related to health care or special needs. A knowledgeable family attorney can tell you what to expect when it comes to child support.

At the Rowe & Manning Law Firm LLC, we can let you know your child support rights and obligations and we can also help determine child support when other factors, such as a disability or other special needs, come into play to affect the basic child support obligation. Contact a Baton Rouge, Louisiana, child support lawyer today to schedule an initial consultation to discuss your situation and how we can help.

What Happens If Child Support Goes Unpaid?

Failure to pay child support can result in wage garnishment and other penalties. We are experienced in cases involving delinquent child support payments and child support enforcement issues.

A custody order is required for child support modification, even when divorcing spouses believe they worked out a verbal agreement between themselves in the face of special circumstances, such as temporarily paying less support when the noncustodial parent has suffered job loss. People often don’t realize that they are up against a court order. It is important to get an amended custody order that must be signed by a judge to prevent problems of back child support.

What a Baton Rouge Child Support Lawyer Does

A Baton Rouge child support lawyer represents the interests of their client regarding child support issues and possibly related issues, such as child custody. However, the assistance that we provide goes beyond representation.

Giving Clients Reliable Advice

There may be choices available to you during the process of determining child support. These options, though, could be complicated, and it’s important to understand the impact of what you may choose.

This is particularly true in the broader context of a divorce and the issues being addressed in those cases. We can help explain the full scope of whatever you choose. While any final decision is always up to you, it can be helpful to have someone knowledgeable there to walk you through your thinking on the issue.

Helping With Paperwork

Child support, whether being initiated the first time, modified, or otherwise addressed, involves a lot of paperwork. There will be petitions that need to be made to the court and significant financial disclosures. Everyone involved will need to have a clear understanding of the financial situation of all parties involved. That’s why any failure to file this paperwork properly and disclose all required information could be penalized harshly.

A lawyer plays a critical role in ensuring paperwork is managed properly. We can help you understand all of the financial information that is necessary to disclose, along with helping you get that paperwork properly filled out and submitted within any required deadlines. We can also put together any petitions to the court that are needed throughout the child support process.

Representation in Negotiations and Litigation

Your lawyer will represent you throughout the child support process. This can take place in several different ways. It’s possible that you and the other parent may work out a child support deal by negotiating an agreement. Often, this kind of agreement is part of a broader divorce agreement; however, it could also be a standalone case.

Having a lawyer negotiate for you is helpful in a few different ways. One is the experience that a lawyer brings. We know the laws governing child support, how courts look at the issues, and what kind of agreements are often formed. Our experience in negotiating these agreements can be helpful in achieving a favorable outcome.

Allowing us to negotiate also has the benefit of setting the emotional aspects aside. Child support can be a contentious issue, so it’s often more productive to allow lawyers to work out an agreement without that kind of tension involved.

Any negotiated agreement will also need to be approved by a judge. We have an understanding of what judges are looking for and can help you reach an agreement that is more likely to be approved.

Representation also extends to appearances before the court. If a negotiated settlement can’t be reached, the matter will need to be resolved in trial.

While the courts will generally follow the state guidelines, there are cases where they are permitted to deviate from those guidelines and may be willing to do so. However, both sides will need to present their cases, and the judge will then decide. We represent our clients in these hearings and make the strongest case we can for their interests.

Making Modifications to Existing Child Support Orders

One of the important aspects of child support that a lawyer may help with is modifications to an existing arrangement. Child support arrangements are based on the financial dynamic and needs of a particular moment. However, those needs could shift and change over time. When this happens, it may be necessary to alter the child support orders to fit the new situation.

These modifications are only made when there is enough of a change in circumstances to warrant reassessing the child support arrangement. Typically, this will involve petitioning the court for the modifications. If the court decides that the petition includes sufficient grounds to consider changes, they will likely have a hearing where both sides will have a chance to present their perspective and evidence for either changing or maintaining the current arrangement.

After both sides have had their say, a judge will then determine the course of action that they believe is appropriate and will serve the child’s best interests.

Whether you are seeking modifications or hoping to avoid them, having a lawyer assist with the process is critical to making your case. You will want to be certain that the strongest argument possible is put forward on your behalf, and we can ensure that it is. We can also help identify if there is any income being hidden or not reported.

Enforcement of Child Support Orders

Unfortunately, there are times when a parent fails to pay the child support that they are legally required to. There are agencies designated to assist with ensuring that the support is paid. However, it can be helpful to involve a lawyer in these cases as well. We may be able to work with the enforcement agencies, as well as potentially motion the court for help. If you’re owed child support, it’s wise to speak with a lawyer as soon as possible.

A party who fails to pay child support could be held in contempt of court and face certain penalties.

Complex Cases

Some cases of child support can be more complicated than others, particularly as related to the matter of what is considered income and how to accurately identify that income. One difficult case, for instance, may arise if one of the parents is self-employed, works freelance, does contract work, or owns their own business. The appropriate income to consider for child support in these cases can be complicated. Having the right lawyer involved can be crucial to ensuring accuracy.

Another form of complicated cases is high-income situations. Circumstances where one or both of the parents have a high income means that there are usually complicated financial assets involved, which extend beyond just a salary. Having an experienced lawyer in these situations is crucial to ensuring that an accurate accounting of income is provided to the court and used in conjunction with the state guidelines.

Interstate Situations

In some cases, the parents of a child may live in different states, which can be a particularly complicated dynamic. While Louisiana may have some similarities with other states regarding child support, there are often many differences as well.

This can lead to issues with regard to which jurisdiction should determine the custody and support arrangements. It’s important to work with a lawyer who has experience in these kinds of complicated, interstate situations if your child’s parent lives in or is moving to another state.

Choosing a Baton Rouge Child Support Lawyer

When searching for someone to represent you in child support-related issues, you should feel confident that you are working with the right lawyer. While no lawyer can guarantee a particular outcome, it’s comforting to at least feel like you’ve worked with someone who’s given you your strongest chance at your desired results. With that in mind, there are some characteristics that are worth seeking, including:

• There are many complicated aspects of child support law, and you’ll want someone who is familiar with these many nuances.
• Having a strong base of experience is vital because it will allow your lawyer to foresee common issues and concerns that could potentially be a problem.
• You are relying on your Baton Rouge child support lawyer for several things, so you should be certain that you trust them with that responsibility.

FAQs

Q: What Is the Minimum Child Support Payment in Louisiana?

A: The minimum child support payment in Louisiana is typically $100. The child support payment amount is set by state guidelines. These guidelines provide a table of the schedule of child support based on the adjusted gross income of the individual responsible for paying and the number of children they will be paying support for, up to six children.

According to the table, for those with a combined adjusted monthly gross income of between 0 and $950, the expected child support payment is $100, regardless of how many children are involved.

Q: Do You Need a Lawyer to Address Child Support Concerns in Louisiana?

A: You do not need a lawyer to address child support concerns in a technical sense. If you wanted, you could represent yourself. However, this is often not a great option. Child support issues, whether in the process of a divorce or otherwise, are highly technical, and it’s important to have a firm grasp of the relevant laws and legal precedents to make your strongest case.

It’s also likely that you will be faced with a lawyer on the other side of the issue, and having a lawyer is critical to ensuring you have a fair opportunity.

Q: Can a Child Support Payment Differ From the Guideline Tables?

A: A child support payment can differ from the guideline tables in certain situations. The presumption of the courts is that the guideline offers a fair determination of what child support should be, so if either party is seeking a different payment amount, it will need to be shown why that difference is necessary.

The law provides a few justifications for when a deviation from the guidelines may be appropriate or necessary. Generally, the court will need to believe that it is in the child’s best interest for a deviation from the guidelines.

Q: How Is Paternity Established for Child Support?

A: Paternity is established for child support in a couple of different ways. One way that paternity is established is if there is an “Acknowledgement of Paternity” signed. This establishes paternity when the parents are not married to each other, and it may have been signed at the hospital when the child was born or at a later date.

The other way that paternity may be established is through a paternity test. This involves collecting genetic or DNA samples from the mother and possible father and then comparing those samples with the child’s DNA. The court will then determine if someone is the biological father.

Q: Does the Mother Always Get Child Support in Louisiana?

A: The mother does not always get child support in Louisiana, as the guidelines are not based on gender. While men have historically been more likely to pay child support, this is not true in every case. If the mother was the main breadwinner during a marriage, she might need to pay the father child support. Child support payments are based on the income of both parents, the number of children involved, and the child’s needs.

Find Out How We Can Help

Child support is an issue that’s often more complicated than it might seem. While the guidelines do play an important role in simplifying some aspects of the process, there are still complications that could be involved in everything from paternity to what the paying parent’s adjusted gross income should be and how some healthcare costs need to be addressed. The issue is further complicated by the emotional financial and frustrations that a parent may feel when having to pay.

At the Rowe & Manning Law Firm LLC, our clients benefit from our extensive experience with child support cases and the unique challenges that they pose. We can help with the nuances of identifying income and arguing for the support levels that you’re seeking, whether your case involves a divorce, modifying a previous child support order, or another issue.

We also represent clients concerning child custody and other family law issues as well as in other legal matters. You can count on us to work to achieve your desired results while minimizing the fees involved.

Contact the Rowe & Manning Law Firm LLC today to discuss your child support rights and obligations.