Child Support and Right to Counsel

Although it is undisputed that parents deserve the right to counsel during a child custody hearing, the question arises as to whether parents should have the right to counsel during a child support hearing. Let's explore some more information about child support and the right to counsel during a child support hearing:

Generally, parents are not entitled to counsel during a child support hearing as the courts have determined that in order for parents to have a right to counsel, a parent's freedom must be on the line. However, let's discuss the consequences to parents who do not pay child support. A parent held in contempt for child support nonpayment may be subject to:

• Wage garnishment
• Driver's license suspension
• Inability to obtain passport
• Tax refund interception
• Prison sentence

Because an attorney for child support contempt hearings is not a guaranteed right, if a parent decides to obtain an attorney for a child support contempt hearing, he or she should ask the attorney the following questions:

• What's the possibility of avoiding a prison term?​
• How will the attorney assist with the negotiation or modification of child support?​
• Will the attorney educate the parent about the basics of child support and a parent's obligation?​
• Will the attorney educate the parent about the dangers of nonpayment?​
• Is the attorney affordable?​
• What's the attorney's experience with child support cases?

A parent who cannot afford an attorney who specializes in child support matters should seek an affordable attorney by:

• Asking for Referrals - Ask someone who has had a positive experience with a child support attorney for advice.​
• Requesting Assistance from the State Bar Association - Your state bar association will maintain a list of attorneys specializing in child support matters.​
• Conducting Internet Research - Research affordable child support attorneys in your state

Courts hold that there is no automatic right to counsel in child support hearings. However, it may still be a good idea for a parent to seek the assistance of counsel. For more information regarding child support, visit the child support guidelines of your state or you may speak with a qualified attorney in your jurisdiction.