What Can You Expect to Pay to Resolve a Child Support Dispute?
When you’re involved in a divorce proceeding in Texas and there are minor children in the home, the court will almost always order the payment of child support, even when the court awards joint legal and physical custody. As a custodial or non-custodial parent, you want to make certain that the amount ordered is fair, taking all factors into account. That can be far more complicated than it initially seems, often requiring the services of an attorney to resolve matters.
Furthermore, the court may order child support, but the non-custodial parent may either choose not to pay or be unable to pay. In those situations, you may need to initiate a child support enforcement action to protect your rights.
When there’s a disagreement regarding the amount of child support ordered, or allegations of non-compliance with a child support order, you may need to file legal action to resolve the dispute. It can be a complicated process, so you’ll want to hire a knowledgeable and experienced attorney to represent you. You may, however, be worried about the potential costs of legal representation.
What Can You Expect to Pay for Representation in a Child Support Proceeding?
Obviously, every child support dispute is different, so the total costs for representation will vary, based on the specific circumstances of your case. You can, however, expect that your lawyer will bill you on an hourly basis for all time spent working on your case.
Let’s look at the potential legal work typically associated with a child support issue. The more of these tasks your lawyer has to perform, and the more complicated they are, the more you can expect to pay:
- Initial assessment of your case—Typically, a family law attorney will give you a free initial consultation, usually limited to ½ hour to an hour, in order to learn the basic facts of your case, as well as your goals.
- Preparation of the motion/complaint—If you decide to hire the attorney, you will enter into an agreement for representation. Many attorneys require a retainer at this point—the typical amount of a retainer can vary, from $2,000 upwards to $10,000, depending on the complexity of the case and the amount of legal work anticipated. Some will charge a flat fee for the preparation of all documents to be submitted to the court, but most will bill you for actual time spent preparing these documents. If there is any investigation that needs to be conducted, you can expect to either pay the attorney for their time doing that work or reimburse the attorney for the costs of hiring a private investigator to handle those matters.
- Filing of the complaint—There will be a filing fee when your attorney submits your motion/request to the court. In most instances, it’s not more than a few hundred dollars.
Preparation for trial—Once a child support enforcement action has been filed, one of two things will happen—your attorney will be able to negotiate a settlement that meets your needs, or you’ll have to go to trial and let a judge make the determination for you. While you’ll pay for the attorney’s time to negotiate agreed-upon changes in your child support arrangement, it’s generally far less time-consuming (and far less expensive) than going to trial. If your case goes to trial, you can expect to pay for:
- The gathering and evaluation of evidence in preparation for trial
- The interviewing and preparation of any potential witnesses at trial
- The preparation of all documents required before and/or during trial
- The actual time spent in trial
At the law office of Bailey & Galyen, we offer a free initial consultation to every client. To speak with a proven child support attorney, contact us by email or call us at 844-402-2992. You also can call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.
