Out-of-State Support Amount / Visitations

[deeteeaye]

I Live in the Washington, DC area, and my son is in Pensacola, FL. I've paid child support since day one but I've never filed through the courts. I spoke with a lawyer in FL because I want to establish official visitation timeframes (summer & major holidays). He also told me that going through the courts would reduce my monthly payments and the cost of flying my son here/back home would be deducted from my overall payments. He agreed to take on my case for $3K.

To go to court do I have to use a lawyer? If so, do I need to use a FL lawyer? Is the amount I've been quoted fair/reasonable? Do I have to be present for the court dates? How long does the typical/straight forward court case take?

I'm new to this court process, so if there are factors I'm forgetting to mention or just simply unaware of that weigh into this situation please let me know.

Thanks in advance for your help.

-Derrick

[Friend In Court]

Originally Posted by deeteeaye I Live in the Washington, DC area, and my son is in Pensacola, FL. I've paid child support since day one but I've never filed through the courts. I spoke with a lawyer in FL because I want to establish official visitation timeframes (summer & major holidays). He also told me that going through the courts would reduce my monthly payments and the cost of flying my son here/back home would be deducted from my overall payments. He agreed to take on my case for $3K. To go to court do I have to use a lawyer? If so, do I need to use a FL lawyer? Is the amount I've been quoted fair/reasonable? Do I have to be present for the court dates? How long does the typical/straight forward court case take? I'm new to this court process, so if there are factors I'm forgetting to mention or just simply unaware of that weigh into this situation please let me know. Thanks in advance for your help. -Derrick

First, the lawyer most likely gave his opinion on support because he took your income and applied Florida support schedules. The $3K he agreed to take your case for is most likely a retainer. Attorney fees range anywhere from $250 to $500 an hour, depending upon the lawyer's background and expertise, so a $3K retainer is not out of line for what routinely a client puts up.

If reducing support is on the table, you can count on the matter being contested and there being a hearing. Having visitation schedule set out in a court order is for everyone's benefit, including the child so predictable dates and times all can count on.

If you feel up to recalculating the support schedules and comfortable with legal pleadings and process, you can represent yourself. However, in custody proceedings it is always best to be represented by experienced counsel who not only knows the law but is professional in his presentation to the court. Custody, support and visitation can be such visceral issues that even lawyers hire one of their peers to represent them in such cases.

[deeteeaye]

Thanks very much for that valuable info. Maybe I don't understand how support is calculated, but in my layman's mind: I'm basically penalized every time I get an increase in pay, my support amount goes up. But my child's 'support' needs have decreased (e.g. no more daycare since he's in public school, his mom lives at home with her parents rent-free), and the cost of living in FL vs. DC is so much less. But on paper her salary is a lot less than mine, and I feel as though all of these other factors aren't being taken into consideration. Will going to court work in my favor to put all of the 'details' under a microscope?

[Friend In Court]

Originally Posted by deeteeaye Thanks very much for that valuable info. Maybe I don't understand how support is calculated, but in my layman's mind: I'm basically penalized every time I get an increase in pay, my support amount goes up. But my child's 'support' needs have decreased (e.g. no more daycare since he's in public school, his mom lives at home with her parents rent-free), and the cost of living in FL vs. DC is so much less. But on paper her salary is a lot less than mine, and I feel as though all of these other factors aren't being taken into consideration. Will going to court work in my favor to put all of the 'details' under a microscope?

Support is calculated on the income of the parents and needs of the child. If you still were a nuclear family unit, the children would share in your good fortune. The children of Wall Street barons get more support than those of their school janitor, obviously.

Further, children's needs grow as they do, so support is adjusted when there is a change of circumstances.

Both parties will fill out financial affidavits. The children expenses are also listed. These are what the court takes into consideration as well as the earning ability of the parents, not just their current situation.

I think you need a family law attorney to represent you to guide you through the process.