Child Support Lawyers - Enforcement

The enforcement of support payments ordinarily requires a motion filed with the court. Either state or private child support lawyers may file motions, although the duties owed to parents is different. Incarceration may be ordered for non-payment, however is not ordinarily required on first offenses.

1. All child support lawyers are regulated through the state bar association. Private child support lawyers may also be liable for malpractice in divorce and support cases, compared to Assistant State Attorney Generals are usually provided immunity from malpractice suits.
2. Private child support lawyers may offer representation to either parent in disputes matters, modification, collection, or termination of payments.
3. State child support lawyers typically represent only parents owed support in collection cases.
4. A motion for modification of payments ordinarily requires proof of a substantially changed circumstance. Child support lawyers may offer oral testimony, written documents, and expert opinions to support motions filed.
5. Motions to enforce collection are filed by both private and state child support lawyers and may result in incarceration.
6. The standard of proof for criminal liability is different than the standard of proof required to collect civil judgments.