Child Support - The Law Office of Stephen Gassner
Regardless of whether they are married or not, all parents are responsible for providing for their children. This statute cannot be circumvented because the person is single, unemployed, or experiencing other financial hardships. Child support, however, cannot be enforced if a judge does not issue a support order. The custodial parent who is granted physical custody may ask for a court order requiring the non-custodial parent to pay child support. Typically, child support is paid up until the kid turns 18. child support lawyer Upland CA
If a private agreement between the parents about child support rules cannot be met, the court will decide on their behalf. On the other hand, if the parents can get a unanimous agreement on child support, they may do it privately and avoid going through the court system. They need to have a contract in writing created.
Speak with a knowledgeable child support lawyer in Upland, California, at the Law Office of Stephen Gassner. Mr. Gassner is a certified family law attorney with over twenty-five years of legal experience and knowledge.
What is Child Support
The amount the non-custodial parent is required to provide the custodian is referred to as child support. This amount is used as the parent’s contribution toward the child’s essential living expenses, including clothes, food, housing, medical care, and education. When a parent is required by a court to pay child support, they must pay the child’s custodian rather than the child directly. After a kid becomes 18 years old, states typically do not require parents to continue paying child support.
However, a person is solely required by law to provide for their biological children. Therefore, so long as it is noted that the individual did not legally adopt the stepchild, a court cannot force a person to pay child support for a stepchild. While most states follow this guideline, there are certain states with different stepchild support laws.
A Californian's Obligation To Support
According to California law, parents must equally provide for their minor kid “in the manner appropriate to the child’s circumstances.” The courts will uphold a mother and father’s agreement to continue supporting an adult kid even if the law only compels parents to do so until the child is 18 years old.
The parents’ responsibility may be extended if the child is unable to support himself. However, sometimes a court may identify a future event, such as the child getting married, as the point at which the payments will stop.
If the state, another public or private organization, or a volunteer decides to take up the child’s care, they could be entitled to recoup their expenses from the parent. These fees and expenditures are also taxable to the parent if the court directs child support payments and the county incurs costs and legal fees in executing such an order. Registered domestic partners in California are accountable to their children in the same ways that a married spouse is.
The Ability of Each Parent to Contribute
Each parent of a kid must support their child to the best of their abilities. But, unfortunately, the custodial parent’s obligation to the kid is often deemed wholly complete by the authorities. Therefore, the court may order an extra contribution to raise the child’s level of living and close the gap between the homes of the divorced or separated parents. A parent may, however, request a deduction in some situations, such as a catastrophic uninsured loss.
Child Support Guidelines for California
A statewide guideline in California determines how much child support must be paid each month. When determining support amounts, this guideline employs a mathematical formula including several case-specific elements. These elements consist of, but are not limited to:
- The parents’ actual income (monthly average)
- Each parent’s tax filing status
- The number of offspring that both parents have
- The amount of time each parent spends with the children daily
- Any court-ordered child support that is given to children from previous relationships
- Either parent’s share of the cost of health insurance
- Contributions to retirement obligations made by either parent
- Union dues that either parent must pay
- Determining child support payments may be challenging in the circumstances like self-employment.
In What Ways is Child Support Paid?
Income withholding is the most favored technique for collecting child support. When this happens, the non-custodial parent will have the money taken out of their wages regularly. You may need to enforce child support payment orders when a parent refuses to pay the required child support. There are alternative ways to collect child support, while income withholding is the most usual and favored option. These techniques include levying natural land and personal property, seizing bank accounts, seizing tax refunds, lottery wins, and unemployment benefits, and obtaining court-ordered enforcement. You may contact your child support lawyer for advice on how to set up an income withholding order.
Monthly Child Support Obligations with Add-Ons
The primary guideline amounts must sometimes be increased for certain child support computations. However, unless the court orders differently, they are for the benefit of the children and are split equally between the parents.
Add-ons may consist of:
- Childcare expenses connected to work required schooling or training for a job
- Any reasonable uninsured child health care expenses
Further information concerning add-ons and their potential impact on a specific support case may be obtained from a child support attorney.
Orders for Temporary or Expedited Child Support
The court may make an interim order for the payment of support if there is a disagreement between the parents on child support. However, the temporary order is null and void should the parents get along again and move back together as a single family. While examining the case and anticipating an upcoming hearing, California’s court may issue an accelerated support order. An expedited support order becomes typically effective thirty days after the necessary paperwork has been served on the parent who is expected to pay. The order may also be made by the court to take effect as of the application filing date retrospectively.
The court may compel the parent to pay the minimal amount stipulated by the state’s welfare regulations if the obliged parent’s income is unknown. The “minimum basic requirements of acceptable care” are defined under the California Work Opportunity and Responsibility to Kids Act in terms of financial amounts, beginning at $341.
Orders for Child Support to be Modified
The court may change or cancel a child support order under certain conditions. Any parent seeking to modify the current support order must demonstrate to the court that a substantial change in circumstances has made the revision necessary. The court’s decision to limit will ultimately be based on the children’s best interests.
A fundamental shift in the situation might be, but is not limited to:
- Losing a job
- A significant change in income
- A significant difference in the parenting schedule
- Parents who cannot afford legal representation but want to modify child support may use a streamlined approach. More information is provided on the website of the California Courts.
- Orders for child support that have expired
In California, a parent’s duty to provide for their children usually expires at 18. If they are still enrolled in high school full-time, the age limit is raised to 19. Parents may, however, come to agreements that continue child support into adulthood or through a child’s further education.
California's Non-Payment of Child Support
In California, failure to pay child support is a crime with significant repercussions. Through the family court, parents may request the enforcement of support orders. A parent found to violate a child support order may face punishment from the court, such as fines and jail time.
The California Department of Child Support Services may report missed child support payments to credit reporting agencies. In addition, anyone owing $2,500 or more in child support payments may have their passports only issued or renewed by the U.S. State Department once all overdue payments are made. The driving and professional licenses of parents who owe money may also be suspended.
The state may also seize any of the following to pay back unpaid child support:
- Tax rebates
- Unemployment compensation
- Disability protection
- Payouts from workers’ compensation
Any parent concerned about falling behind on their support obligation must speak with an accomplished child support attorney right away about a child support modification since child support arrears are not susceptible to adjustment.
How a Child Support Lawyer Can Help You
California has its rules to assist the family court in determining child support. It is crucial to have an experienced child support attorney at your side anytime your children’s financial future is not secure, even though these criteria contain particular calculations and restrictions for deviations.
At the Law Office of Stephen Gassner, every parent should know how child support is determined and how the formula directly affects and pertains to a parent’s personal life and financial situation. Our child support lawyers seek to make the court and computation procedure as straightforward as possible while eliminating any anxiety or uncertainty.
The Law Office of Stephen Gassner is prepared to help you with the following matters and more, whether your child support situation is a stand-alone matter or a component of a more extensive divorce, parentage, or modification case:
- Describing your legal rights as a parent, child support payer, or child support recipient
- Identifying prospective changes or additions for your or your kid’s income or childcare requirements (child support calculation)
- Ensure you understand when and how enforcement takes place and the circumstances in which a revision may be conceivable (child support enforcement)
- Examining your existing court orders for clarification and revisions
- Determining the effects of a change or any initial child support payments
- Supporting the collection of child support and the execution of child support orders
- Negotiating the child support arrangement
- Arguing your case for child support in court
Don’t hesitate to contact us regarding child support or other family law issues. Our child support attorney is committed to assisting you in achieving your family law objectives and obtaining the best result for you and your children.
Upholding the Best Interests of Your Children
Minor children in California must be financially supported by their parents. In family court, formal orders for child support are made alongside those for child custody, visitation, paternity, divorce, and legal separation. They are also a stand-alone process for a human services issue, amendment, or enforcement. No matter where your child support issue originated, the Law Office of Stephen Gassner wants to assist you in coming to a just conclusion.
Our lawyer for child support in Upland, California is:
- Will explain the legalities to your family with compassion for the difficult situation you are in
- Successful in negotiations and court cases involving California child support
- Reliable and truthful when giving recommendations on seeking child support changes
- Knowledge of calculating complicated child support amounts, such as family company revenue and CEO salaries
Frequently Asked Questions
How Much Does a Father Pay for Child Support in California?The non-custodial parent must pay the custodial parent child support at a fixed rate of 25% of their income.
What is Average Child Support in California?For one child, the typical monthly child support payment made by non-custodial parents is $430. However, depending on the number of children being supported, the earnings of both parents, and the cost of raising the children in this specific situation, the amount of child support paid per child may vary.
How Does California Determine Child Support?California’s recommended child support is calculated using a complicated mathematical calculation that accounts for two key elements: the parents’ differing income levels and their respective timesharing arrangements.
Your Experienced Upland, California Child Support Lawyer
Our Upland, California child support lawyer at the Law Office of Stephen Gassner is delighted to provide you with extensive, in-depth details on the child support issues that are important to you. Call us or set up a free consultation if you need more help with any of these matters or another family law dispute.
Looking for a Family Law Attorney in California, USA? Look no further the Law Office of Stephen Gassner can help you with different family law issues, including divorce, property division, paternity, child custody and support, spousal support, visitation rights, and property division including the complex division of business property. We serve Child Support Lawyer in the following areas of California, USA.
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Law Office of Stephen Gassner
324 N Mountain Ave, Upland, CA 91786, United States