If you ask a lawyer a question about your legal situation, their response may well be, “It depends.” Years of seeing several different scenarios play out for other clients results in a lawyer understanding that there is no perfect answer to give anyone client. This is true whether the question is about an aspect of their case or what a specific sort of family law case will cost.
If you have been through a divorce or child custody case in which you had child support set up, you know what your last case ended up costing you. I remind clients that whatever the cost of a topic, it is an investment in your and your child’s future.
This can seem like lawyer-speak sometimes, especially when a case enters its middle stages and time starts to slow down, and it feels like it will never end. The question remains, though- what will a child support enforcement case cost if you need to go back and address missed payments by your ex-spouse?
Attorneys want to earn a living but don’t want to drag a case out.
Movies and television have done a great job portraying attorneys as money-hungry. If it were left up to Hollywood, attorneys would be in business primarily to help themselves and line their pockets along the way. Your simple, open and shut family law matter? A “typical” attorney will do whatever they can to string the case out and charge you for the pleasure of doing so. Is this how it is in real life?
Again, since you have been through a family law case before, hopefully, your experience does not match up with this one. Lawyers do want to earn an income, as do you, but there is one thing that movies and television don’t tell you that I will.
Lawyers are also busy, just like you are. While we want to earn an income, we also want to move a case along the process efficiently to reach your goals. Doing so ensures a happier client and a less stressed-out attorney.
Factors to take into consideration when hiring a family law attorney
From what I can tell, after having met with many potential clients of the Law Office of Bryan Fagan, PLLC, people in your position will typically look for experience, proximity to their home, and cost when hiring an attorney.
These are all great attributes to look for in an attorney, by the way. I also recommend meeting with an attorney face to face to allow you an idea of how you and the attorney relate to one another.
This is not a business transaction, contract dispute, or personal injury case that you are about to undertake. This is a family law matter near and dear to your heart. You want to trust that your attorney understands this and is willing to do what it takes to help you achieve your goals.
Costs of a family law case in Texas
When you are trying to figure out the costs of your potential child support enforcement case, it is necessary to consider that you are about to incur expenses that are beyond merely signing up with an attorney and paying a retainer fee. Filing your case in Harris, Montgomery, Ft. Bend, or any other county in southeast Texas will cost a few hundred dollars at least. This is true whether it is our office that ends up working for you or another attorney across town.
Once your petition is filed in court, your attorney will likely utilize a private process server to seek out your ex-spouse and notify you that there is now a pending enforcement suit in a family law court.
This, too, while likely not as expensive as filing the suit, will cost money. You can ask your potential attorney in an interview what sort of plan they have for serving your ex-spouse so that your case does not endure any needless delays. It is incredibly frustrating to hire an attorney to file your lawsuit only to find that your attorney cannot serve your ex-spouse.
From my experience, there is little need in a child support enforcement case for mediation. Mediation is the process that you likely went through for your divorce where you and your ex-spouse met with your attorneys at an independent attorney’s office to attempt to settle your disputes before a trial.
This means negotiating with the mediator's assistance and ultimately signing what is known as a Mediated Settlement Agreement (MSA) once a settlement is hopefully reached. This process takes the place of a trial. Mediation costs typically between $300 and $500 (in the Houston area) for a half-day mediation, but it can save you thousands if you consider how much a trial would have cost in your divorce.
Child support enforcement cases don’t function like divorce cases. There is less to negotiate upon because the issues are much more minute. Are you owed child support? Has your ex-spouse paid the support as stated in your Final Decree of Divorce? What does the Attorney General’s ledger show as far as arrearages? These are much more matter-of-fact questions that need to be answered, and the opportunity to negotiate is not as great.
Initiating the Child Support Enforcement Lawsuit
In the beginning stages of a child support enforcement case, you are paying a down payment, also known as a retainer, to your attorney. This retainer fee can range from $2,000 up to $10,000, depending on the attorney you are hiring.
As we stated earlier, the filing fees in most Texas counties are approximately $300, not including copies for service and filing. Finally, a process server will likely cost roughly $100 for you and your attorney to utilize their services.
Preparing for Trial and Negotiating a Settlement
In an enforcement case, there is no actual “middle” of an issue. Once your enforcement is filed and your ex-spouse responds with an Answer, you and they are either going to prepare for Trial or work towards a settlement of your case.
I had a child support enforcement case about eighteen months ago. Our client and the opposing party could work out a settlement rather quickly where trial preparation was not even needed. It ended up that the adverse client had misinterpreted the final decree of divorce and stopped paying child support too early. The misunderstanding was resolved, a payment plan was conceived for the back child support owed, and no trial was had.
On the other hand, I have also represented a child support client where it took us until the day before a trial to settle the case and work out a plan to avoid a costly lawsuit. Indeed, preparing for a full-fledged test and then appearing in court will be the most expensive aspect of your enforcement case if it comes to that. If you can avoid a trial, it is typically the best due to the costs and risks associated with this final step.
Additional questions about the costs of a child support enforcement case? Contact the Law Office of Bryan Fagan, PLLC
If you need experienced, solid and effective advocates for your child support-related enforcement case, I recommend you contact the Law Office of Bryan Fagan, PLLC. Our attorneys represent clients in enforcement cases regularly and have achieved successful results in doing so.
A free-of-charge consultation with one of our licensed family law attorneys is only a phone call away. We schedule consultations six days a week in our office, and we would be honored to speak with you about the services that we can provide to you and your family.
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
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Other Articles you may be interested in:
- Family Law Enforcement Hearings: Agreements to Settle and Trial
- Reviewing your case history is crucial to success in an enforcement case
- Texas Family Law Court: Enforcement Actions
- How much will your child support enforcement case cost?
- The Steps of an Enforcement Case in Texas family law court
- Preparing for an Enforcement case in Texas
- Defending against an Enforcement Action in Texas
- Enforcement Suits in Texas Family Law, Part Five
- Enforcement Suits in Texas Family Law, Part Four
- Enforcement Suits in Texas Family Law, Part Three
- Enforcement Suits in Texas Family Law, Part Two
- Enforcement Suits in Texas Family Law: An Overview
- Child Support Enforcement Defense - Act Sooner Rather than Later
- Can my Texas Driver's License Be Suspended for Not paying Child Support?
Law Office of Bryan Fagan, PLLC | Houston, Texas Enforcement Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding order enforcement, it's essential to speak with one of our Houston, TX EnforcementLawyers right away to protect your rights.
Our enforcement lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles enforcement cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.