What Do I Need to Know about Family Law and Child Support when Filing for Divorce?

If you’re filing for divorce, the legal intricacies of family law and child support are going to be the main areas of interest for you. To help you better understand the different areas, we’ve compiled a brief summary for you below.

Areas of Family Law

Family Law encompasses a broad collection of legal areas dealing with matters like child custody, visitation, support, relocations, and more. Here’s a breakout of the most common practice areas:

  • Child Support: The court ordered amount one spouse is required to pay the other to maintain the child’s wellbeing and standard of living. The amount and allocation of child support vary by the laws of each state but can occasionally be negotiated as part of divorce proceedings and settlement. Alternatively, it may be the result of litigation. Generally speaking, the primary physical guardian of the child is entitled to receive support payments from the other parent (or parents).
  • Child Custody and Visitation: This legal area is concerned primarily with where a child will spend their time and what decision-making rights each parent has. While each state has different rules, by and large, custody and visitation are determined based on the best interest of the child.
  • Relocations: In instances where one parent is attempting to relocate with a child, a modification of child custody and visitation may be in order. Your lawyer can help draft changes and justifications to present to the court on your behalf.
  • Modifications of Child Support, Custody, and/or Visitation: It’s important to note that no court order is set in stone. Either parent can petition for modification of child support, custody or visitation. However, for the court to grant the motion, the party needs to demonstrate a significant change in circumstance. The term “significant change” is somewhat open to interpretation, but examples can include higher salary, loss of a job, job relocation, substance abuse struggles, and more.

Other Important Factors to Consider

At the end of the day, the most important thing to take away is you won’t be able to do this alone. The laws governing the family are precise, intricate, and complicated. While there is some flexibility in the system, you need a legal representative who understands the guidelines, nuances, and the ways in which the law can be applied to your particular circumstance.

Your lawyer should have extensive knowledge and experience in the area of family law that applies to your case. More than that, they should be your advocate in the courtroom and be aligned completely with your goals and desired outcomes.

And finally, your lawyer should be someone with whom you feel comfortable working with and trust implicitly. If you don’t have a good working relationship, the months you’ll spend working together will end up being painful for both of you.

Contact Us to Get the Help You Need

Still have questions? Click to contact the Reeder Law Firm now with your questions about family law and child support.