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25 Jan, 2018 by Eric
I hired Steven DeWitt in September 2012 to represent me in a divorce. At the time, I was on amicable terms with what would be my ex-spouse, but going through a tough emotional time, as one could imagine. Such times call for someone on the outside to look after one’s interests, hence I retained Steven as my attorney, as he appeared to be a Christian man with values and integrity. I had, for the most part, agreed to give up most things to my ex in an effort to ‘just move on’, with exception to a few items. In particular, the house I had co-owned with spouse. I informed Steven, at time of retaining him, that my goal was to quitclaim title to my spouse and, in return, the expectation was to have me removed from existing loan in addition to title. I expected the terms of the divorce decree to include legal protections to protect my interests. What I received in the end was, well, no protections. I attempted to reach out to Steven by both email (on April 4, 2014), as well as phone (left message with his receptionist/legal assistant). I received no call back, email, or letter. I reached out again by email on April 30, 2015, followed by another call to his office, after no response back from him. My attempts were futile. I had hired a new attorney to fight for custody of my children, among other things, after my divorce was finalized. I had interviewed several attorneys at that point to replace Steven, as he expressed no interest in me/failed to respond or communicate with me at the time. Not one attorney interviewed wanted to assist in ‘cleaning up his mess’, in particular, with regards to the house. You see, the divorce decree merely indicated I was to be ‘held harmless from any encumbrances’. Steven recently reached out to me to try to address this, after prior negative review was posted, but the damage was already done. After three follow up hearings to try to address with court, the judge literally ‘admonished’ ex for not doing enough, but went on to state that my ‘divorce decree was left vague and unenforceable’. In other words, not worth the paper it was written on as it did not indicate an action to take (i.e. timeline to complete loan assumption, refinance or sale of home nor did it include verbiage on enforcement action court can take if failure to abide by terms). To make matters worse, Steven recently acknowledged that he didn’t even draft the decree that was entered into court, but rather allowed opposing counsel to do. Kudos to opposing counsel for slipping unfavorable terms to me, past what was supposed to be my legal safety net, Steven. There were other issues with language in the decree (unfavorable child support terms against me for example and failure to make suggestions on how I could seek reimbursement on recent inheritance I had received and deposited to community bank account just 3 weeks before retaining him) that surprised other attorney’s after-the fact, but these issues have since become non-issues/not worthy of fighting further. Bottom-line: At this point, Steven receives an ‘F’ from me for failure to properly address my needs. It appears that Steven just wanted to collect a paycheck in my initial divorce, as he didn’t suggest edits to opposing counsel nor to me. Since then, and after an initial negative review was posted, he has ‘offered’ to ‘brainstorm’ on how to resolve, but not actually offer any way to ‘correct things’. Again, judge indicated there’s nothing he could do, same with attorneys that came after Steven. There are other attorneys that will be more detail-oriented in their representation of you. Beware, as a poor divorce decree entered with the court by poor representation will come back to haunt you. It’s like gospel…once entered and on record with court, you’re damned to try to challenge it. Choose wisely upfront. Accordingly, I cannot recommend the services of Steven DeWitt. I rate him an ‘F’ for ‘FAILURE’.
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What a Child Support Lawyer Can Do for You
A child support lawyer specializes in legal issues related to the financial support that one parent provides to another for the upbringing of their children. These lawyers assist with establishing, enforcing, and modifying child support orders, ensuring that the financial needs of the child are met, including housing, food, healthcare, education, and other essentials. A child support lawyer can also represent parents in disputes over the amount of support, ensure fair calculations based on income, and handle legal proceedings if one parent fails to meet their obligations.
Whether you're seeking to establish child support, modify an existing order, or enforce payments, a child support lawyer can help you navigate the legal system and protect your rights and the well-being of your child.
When Should I Hire a Child Support Lawyer?
You should consider hiring a child support lawyer when you need assistance with any of the following child support matters:
- Establishing child support: If you are going through a divorce or separation and need to establish a child support order, a lawyer can help ensure that the support amount is fair and accurately calculated.
- Modifying child support orders: If there has been a significant change in circumstances, such as a job loss, income change, or a child's financial needs, a lawyer can help you request a modification to the existing child support order.
- Enforcing child support payments: If the other parent has failed to make court-ordered child support payments, a lawyer can help enforce the order through legal means such as wage garnishment, property liens, or even legal action.
- Disputing child support calculations: If you believe the child support amount has been incorrectly calculated based on your income or expenses, a lawyer can help you challenge the calculation and seek a fair adjustment.
- Paternity disputes: If paternity needs to be established before child support can be ordered, a lawyer can assist with DNA testing and legal proceedings.
- Interstate child support cases: If the parents live in different states, navigating child support laws can be complex. A lawyer can help ensure the proper jurisdiction is established and that child support is enforced across state lines.
- Child support during custody disputes: If child custody and child support are being determined simultaneously, a lawyer can help ensure that both issues are resolved fairly and in the best interest of the child.
Hiring a lawyer early can help ensure that your child support case is handled effectively and that your child's financial needs are met.
What Does a Child Support Lawyer Do?
A child support lawyer provides a variety of legal services to help parents secure, modify, and enforce child support arrangements. Their responsibilities often include:
- Filing for child support: A lawyer can help you initiate the legal process to obtain a child support order, ensuring that all necessary documentation is submitted and deadlines are met.
- Calculating child support: A lawyer can help ensure that child support is calculated fairly based on both parents' incomes, the needs of the child, and other factors such as healthcare and education costs.
- Negotiating child support agreements: If both parents are willing to negotiate, a lawyer can help facilitate an agreement on child support outside of court, which can then be approved by a judge.
- Representing you in court: If negotiations fail or the other parent contests the child support amount, a lawyer will represent you in family court, presenting evidence and making legal arguments to support your case.
- Modifying support orders: A lawyer can help you file a request for modification if circumstances change, such as a loss of income or an increase in the child’s financial needs.
- Enforcing child support: If the other parent is not making court-ordered payments, a lawyer can take legal steps to enforce the order through wage garnishment, property liens, or other measures.
- Handling complex cases: In cases involving high incomes, self-employment, or complicated financial situations, a lawyer can help ensure that all relevant factors are considered in determining child support.
How Are Child Support Lawyers Paid?
Child support lawyers typically charge for their services based on the complexity of the case and the type of legal work required. Common payment methods include:
- Hourly rate: Most child support lawyers charge by the hour, with rates ranging from $150 to $500 or more, depending on the lawyer’s experience and location. The total cost will depend on how much time the lawyer spends on your case, including preparation, negotiations, and court appearances.
- Flat fee: For more straightforward cases, such as uncontested child support agreements or basic modifications, some lawyers may offer a flat fee that covers all services related to the case.
- Retainer: Many lawyers require a retainer, which is an upfront payment that is billed against as the lawyer works on your case. The amount of the retainer depends on the expected complexity of the case.
- Sliding scale or pro bono services: Some lawyers offer sliding scale fees based on income or provide pro bono (free) services in cases where clients cannot afford to pay full legal fees, especially when children’s needs are at stake.
It’s important to discuss fees with your lawyer during the initial consultation to understand how much you will be charged and what services are covered.
How Much Does a Child Support Lawyer Cost?
The cost of hiring a child support lawyer varies depending on the complexity of the case, whether it's contested or uncontested, and the lawyer’s experience. General cost estimates include:
- Uncontested child support cases: Legal fees may range from $1,500 to $5,000, depending on the complexity of the paperwork and the lawyer’s fees.
- Contested child support cases: Legal fees can range from $5,000 to $20,000 or more, especially if the case involves significant court time.
- Hourly rates: Lawyers typically charge between $150 and $500 per hour for child support cases, with higher rates for more experienced attorneys or cases that involve complex financial issues.
- Modification or enforcement: Fees for modifying or enforcing a child support order may range from $2,000 to $10,000, depending on the complexity and the need for court intervention.
Always ask for a detailed cost estimate during your consultation so you can plan your budget accordingly.
Top Questions to Ask a Child Support Lawyer
Before hiring a child support lawyer, it’s important to ask questions to ensure they are the right fit for your case. Key questions to ask include:
-
What experience do you have with child support cases?
Ensure the lawyer has experience handling cases similar to yours, whether it’s establishing, modifying, or enforcing child support orders. -
How do you charge for your services?
Clarify whether the lawyer charges by the hour, offers flat fees, or requires a retainer, and ask for a detailed estimate of the total cost. -
What is the likelihood of success in my case?
Ask the lawyer for an honest assessment of your case and any potential challenges you may face. -
How long will the process take?
Child support cases can take time, so ask the lawyer how long they expect the process to last and what factors may cause delays. -
Will you personally handle my case?
In larger firms, junior attorneys or paralegals may handle parts of the case. Make sure you know who will be managing your case and representing you in court. -
What documents should I prepare?
Ask the lawyer what financial documents and other information you should bring to help them calculate child support and build your case.
How to Check the Credibility of a Child Support Lawyer
To ensure you are hiring a reputable child support lawyer, take the following steps to verify their credentials and track record:
- Verify their bar status: Check with your state bar association to confirm that the lawyer is licensed to practice and has no history of disciplinary actions.
- Look for family law experience: Review the lawyer’s website or professional profile to ensure they specialize in family law and have successfully handled child support cases similar to yours.
- Read client reviews and testimonials: Look for client reviews on platforms like Avvo, Martindale-Hubbell, or Google to see what previous clients have said about the lawyer’s professionalism and success rate.
- Ask for references: A credible lawyer should be able to provide references from past clients who have worked with them on child support matters.
- Check for certifications: Some lawyers may have certifications in family law or membership in organizations like the American Academy of Matrimonial Lawyers (AAML), which can indicate their expertise in child support and family law issues.
What Should I Prepare for My First Consultation?
To make the most out of your first consultation with a child support lawyer, it’s important to come prepared with relevant documents and information. Here’s what you should bring:
- Income documents: Bring pay stubs, tax returns, W-2s, or any other documentation of your income and the other parent’s income, as this will be used to calculate child support.
- Existing child support orders: If there are any existing child support or custody orders, bring copies for the lawyer to review.
- Child-related expenses: Provide documentation of your child’s medical bills, education expenses, daycare costs, and any other expenses that should be factored into the child support calculation.
- Communication with the other parent: Bring any communication between you and the other parent regarding child support, whether through emails, text messages, or written agreements.
- List of questions: Prepare a list of questions about your case, the legal process, and the lawyer’s fees.
By preparing thoroughly for your consultation, you can help the lawyer assess your case more effectively and provide the best possible legal advice on how to proceed.
