Especially in the early process of divorce, the proceedings can be difficult and downtime abundant. When the courts create a temporary custody and support arrangement, there can often be flaws in how the plan is arranged, which can lead to an unfair burden for the noncustodial parent. If you are worried about what your potential child support payments will be, or if you are already struggling with a burdensome amount of child support, consulting with an experienced attorney is the best way to set things right.
Procedural correctness matters in child support
If you believe that the amount of support being ordered is wrong or inappropriate and poses an undue financial hardship, you must follow the proper process to have the amount of support reconsidered and adjusted. While it can be tempting to simply stop making child support payments during the waiting period between filing a request and having a hearing, it is generally inadvisable for anyone to stop making child support payments or simply decreasing them to the desired new amount.
Not paying child support in full and on time can be interpreted as noncompliance with the court’s order, which can make uphill battles out of future attempts to adjust child support. No matter how frustrating it may be, paying the incorrect amount in full and on time shows your intentions to the court and makes it clear that you are putting the needs and well-being of your children before everything else.
How an attorney can help adjust your child support
Louisiana law is different from many other states’ laws when it comes to child support. In general, the courts will determine a set amount of support, based on children’s current lifestyles, determine an amount of support required to maintain their lifestyle and expectations, and then determine, by looking at custody and the income of both parents, what each parent should contribute to the child’s ongoing support. At attorney with a history of family law and divorce cases will understand how similar situations to your family’s have played out in the past and can give you a reasonable estimate as to what the courts will likely find your liability via child support to be.
Whether you are already divorced, considering leaving your spouse or at any other stage in the process, working with a skilled divorce attorney to adjust your support levels is the best way to sway the odds in your favor. A skilled family law attorney who is familiar with divorces and child support cases can help you make the best possible arguments on your behalf when trying to adjust a support order. This professional can provide you with advice on how to approach the situation while also fighting diligently on your behalf, filing for hearings and obtaining documentation to assist in arguing your case.