Law Office Of Scott E. Elswick
Law Office Of Scott E. Elswick
  • 100 Capitol St., 4th Floor Charleston, WV 25301
  • Call Now (304) 314-4775

    To Schedule A Personalized Consultation!

Child Support
Child support is determined by a set of guidelines established by the state. Parents have the responsibility to make sure that their children are provided for and supported financially. After a divorce, parents must determine how child support will be rendered. If parents cannot agree on support or support payments are not being made, the court will intervene. Prior to petitioning for child support, parents should seek the guidance of a child support lawyer. A child support lawyer can ensure that the proper support and obligations are established and received.

Child Support Lawyer Charleston WV

When a couple separates, one of the most important concerns is what will happen to their children. Child custody and child support will be the two gravest concerns, since no matter the problems that led to the separation, both parents will want the best for their children. Child support is an issue in situations where one parent gets custody of the child, in which case the non-custodial parent is obligated to pay a regular fee to support the rearing of their child. However, conflict can occur over the amount of child support to be paid as well as other rights or obligations that are allowed or denied to the non-custodial parent.

In cases where there is conflict between the parents, the custodial parent should hire an attorney to help facilitate and expedite the child support process. Not only will a child support lawyer help to start the process, but they will also make sure that the custodial parent gets as many support payments as they need and that they do not have to deal with the non-custodial parent if they do not want to.

Scott E. Elswick is a child support attorney who always puts the interests of the child above all else; he will use all of his two decades of experience to help the child get as much payment support as they need for as long as they need it. He can help you to obtain child support, modify existing child support orders, or collect unpaid child support payments. So contact the Law Office of Scott E. Elswick if you need help with your child support arrangements.

Obtaining Child Support

There are two ways that a parent can get child support: by a mutual agreement with the non-custodial parent or via a court order. The latter is a more adversarial option, but it might be necessary if a parent is reluctant to offer support.

Child Support By Agreement

This is a less contentious way for divorcing parents to agree to support their child. The parents can come together to negotiate the amount of the payments, their frequency, and their duration. They can do so with the help of a child support lawyer or then can negotiate by themselves and then consult a lawyer when it comes time to finalize their agreement. Once the negotiations are done, they can draft a settlement agreement to complete the process.

The other method of mutual agreement is by ADR (Alternative Dispute Resolution) which is done by processes like mediation or arbitration. ADR can be an option when both parents have disagreements over the child support arrangements but are willing to work with each other to resolve them. They will need the help of child support attorneys in the negotiations, but they will have a say in the final outcome, unlike if they left the decision to a judge or a jury.

Child Support By Court Order

If the parents are unable to come to an agreement or are unwilling to even speak with each other, then the courts will have to intervene to determine the child support arrangements. The parent who has custody of the child can file a child support petition with their local court. This can be done without the aid of a child support attorney, but an attorney can help ease the parent through the process and can help them to modify the child support arrangements if that becomes necessary.

Calculating Child Support

Child support payments are calculated using two different criteria: the child support system set by the state and the federal guidelines set by the Child Support Enforcement Act. That means West Virginia and other states have different methods of calculating child support, however most states will take the following factors into consideration:

  • The financial requirements of the child, including their education needs, medical needs, insurance, and any special interests they may develop
  • The needs and income of the parent who is raising the child
  • The income of the parent who is responsible for paying child support
  • The standard of living of the child before the divorce took place

The court will always put the child’s interest ahead of the comfort of the person paying the child support. They will also prioritize the non-custodial parent’s earning potential rather than what they actually earn. That means if a parent intentionally takes a low-paying job in order to reduce their child support payments, they can still be ordered to pay according to what they are capable of earning.

Enforcing Child Support

If a parent decides to stop paying child support for whatever reason, there are many legal steps that the custodial parent can take to remedy the situation. District or state attorneys are obligated to help parents who need help collecting child support and there are several methods that they can use to do so. They can garnish the wages of the non-custodial parent, seize their property, take their tax refunds, and even revoke their driver’s license. If a parent refuses to pay child support, then they can be punished by being held in contempt of court or they can even be put in jail.

If a parent is willing to pay child support but has trouble doing so, then they can ask a judge to reduce their child support payments.

Contact Us If You Need Help With Child Support

There are many reasons why you might need a lawyer to help you with your child support arrangements. From helping you and the other parent negotiate a settlement agreement, to helping you get a reluctant parent to pay, to adjusting the child support arrangement if that becomes necessary. No matter the reason you need a child support lawyer, Scott E. Elswick will be there to help you. He has overseen many child support cases in his two decades of practice and he will help parents get the support that their child needs.

The Law Office of Scott E. Elswick puts the needs of the child above all else and we know that parents do as well, which is why any parent who needs help with child support arrangements or payments should come to us for help. We will do all that we can to help you and your child get the support that you both need.

Scott Elswick, Esq.

Call Now (304) 314-4775
To Schedule A Personalized Consultation!