Many people have heard that there is little benefit to retaining an attorney in a child support case because the outcome will not generally justify the legal fees involved in retaining a child support lawyer. The reasoning behind this commonly articulated misconception is that a child support calculation involves little more than entering the income of both parties and the percentage of custody into a mathematical formula based on the New Mexico Child Support Guidelines. While this is not entirely inaccurate, it is an overly simplistic view of the nature of child support cases whether they originate in a divorce or a paternity action. There are certain situations where effective legal representation can substantially impact a child support case. We have provided some examples below.
No Final Judgment on Custody:
In most child support disputes, the percentage of custodial time exercised by each parent will be one of the most important considerations in the determination of child support. If there is no final judgment on child custody and parenting time, this decision will have a substantial impact on child support obligations. While parents typically want an attorney when their parental timeshare and custodial rights are an issue, each parent also has more ability to impact long-term child support orders prior to a custody judgment than after the judgment.
Substantial Change in Income:
If the income of either parent changes or the income of the paying parent declines and the income of the recipient parent goes up by a more moderate amounts, this may justify retaining an attorney to seek a modification of child support. While there may be a legitimate question about whether the changes in income merit the cost of retaining an attorney to seek a child support modification, our experienced New Mexico Child Support Attorneys offer a free consultation so that we can advise and empower prospective clients to make informed decisions.
Paternity Is Not Certain:
If you are alleged to be the father of a child, you may wish to pursue a paternity test prior to orders being established for child support and child custody. If you ignore a paternity action, you may find that you are obligated to continue paying child support even if you later discover that you are not actually the child’s biological father.
Reducing the Risk of Oppressive Enforcement:
If you are behind on child support, a judge can be extremely punitive in enforcing the collection of arrearages. Penalties may go far beyond imposing an obligation to pay a portion of the arrearage amount along with current payments. Depending on the state and judge, the court may punish you by allowing interception of your tax refund, incarcerating you or suspending your driver’s license.
Basis for Change in Custody:
If there has been a significant event or issue that may merit modification of the custody timeshare arrangement, this can dramatically impact child support. However, the court will only consider a request for modification of custody after a judgment if there has been a substantial and material change in circumstances. The issues that might meet this criteria vary so it is a good idea to seek legal advice if you believe that a change in the parenting plan is appropriate.
Read up on Child Support Concerns on Timeshare Agreements in NM Custody Cases
The above information is designed solely to illustrate general principles of law, and does not constitute a specific legal opinion on individual cases. We suggest that you contact experienced legal counsel for a specific opinion tailored to your individual circumstances.
The experienced attorneys at Jay Goodman & Associates, PC offer a free consultation in our centrally located offices in Santa Fe and Albuquerque so that you can make an informed decision about whether the merits of retaining legal representation justify the cost in your child support case. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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