Does it make sense to incur attorney’s fees in the collection of child support arrears?
Stillwater family law attorney, Matt Ludt, explains how attorney’s fees work in the context of child support backpay.
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It can. If we know that garnishing wages, levying a bank account or putting a lien on real estate is going to be a worthwhile expenditure of time and attorney’s fees, we can reduce the child support arrears to judgment under statute, and if, from the time we give notice 20 days elapses and they don’t pay that entire amount in full, then we can go about our activities and, before all is said and done, roll our attorney’s fees into that judgment amount under statute so that eventually, when those wages are garnished or the sheriff turns over the funds that were seized from the bank account or there’s a lien on that real estate, it can include not only arrears, but then also all the attorney’s fees and the collection costs that were expended in collecting those child support arrears.