One of the most frequent causes of vindictive litigation by a former abusive partner is a survivor’s request for child support. If the abusive party is not working, the child support award will often be around $100 a month or sometimes less, depending on the number of children. It is important that lawyers help clients weigh the costs and benefits of pursuing support by discussing the possibility of increased litigation and harassment, as well as the likelihood of being paid the support owed, before filing a child support claim.
Generally, lawyers should aggressively pursue support claims for survivors, but should not take for granted that the client feels safe doing so or that the benefits outweigh the risks. Some clients will decline to pursue support for reasons that include safety concerns, the belief that a former abusive partner is more likely to leave her alone if not tied to her through support obligations, or the desire to avoid continued dependence. So, although financial security is often key to victim stability, the decision to pursue support can be complicated.