Child Support Lawyers - Collection of Payments, Enforcement, Modification
Following divorce, assistance in collection of past due payments is provided by private child support lawyers
and state agencies. Private attorneys charge a small fee while state assistance is provided as a public service.
Results vary.
- Private child support lawyers may represent either parent in disputes, modification, collection, or
termination of payments.
- State child support lawyers typically represent only parents attempting to collect unpaid amounts.
- Motions to modify payments require proof of a substantially changed circumstance. Child support lawyers
may offer testimony, documents, and expert opinions in support of motions filed.
- Motions to enforce collection of payments are filed by both private and state child support lawyers. The
standard of proof under criminal statutes authorizing incarceration is different than the standard required
under civil statutes to recover money judgments.
- All child support lawyers are subject to regulation through the state bar. Private child support lawyers
may also be sued for malpractice in divorce and support cases, compared to Assistant State Attorney Generals
are ordinarily given immunity from malpractice suits.
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