A child support attorney in Claremont, CA can help you with payments to assist divorced partners in equitably ensuring the welfare of your children. Child support payments are often given by a non-custodial parent to the custodial parent. However, shared custody arrangements also use them, primarily if the parents’ incomes differ or the children spend most of their time with one parent.
Payments typically endure until the youngest kid becomes 18 and completes high school. However, they could continue longer for a child the courts have determined to be disabled. In general, non-custodial parents must make sure that their health insurance, if any, covers their children as well. This part of California family law can be very complicated. Therefore, you must speak with an experienced child support attorney in Claremont, CA.
If you are battling over child support issues in Claremont, CA, you need a lawyer you trust to represent you. The Law Office of Stephen Gassner is a child support attorney in Claremont, CA, who can assist you in solving your child support and will work hard to give you the individualized, careful service you deserve.
What You Need to Know About Child Support
What Is Child Support?
Child support is the sum of money the non-custodial parent must give the caretaker. The parent’s contribution to the child’s basic living costs, such as clothing, food, shelter, medical care, and education, is represented by this sum. A parent must pay the kid’s custodian rather than the child directly when they are ordered by a court to pay child support. States typically do not force parents to continue providing child support once a child becomes 18 years old.
The only children for whom a person is legally obligated to provide are their biological offspring. Therefore, a court cannot order a person to pay child support for a stepchild if it is recognized that the person did not formally adopt the stepchild. While most jurisdictions adhere to this standard, several states have varied rules regarding stepchild support.
Who Pays Child Support in California?
Both parents are required by law to support their children financially in the state of California. However, in most cases, child support is paid to the custodial parent by the non-custodial parent (the parent who does not have primary physical care for the kid).
How Is Child Support Calculated in California?
Child support in California is often determined using a technique called guideline calculation. This calculation considers several variables, including each parent’s income, the time each parent spends with the kid, and any childcare or health insurance cost. Use the state’s official calculator to calculate how much child support you could be eligible for.
It’s crucial to remember that the court always has the last say in deciding whether to provide child support. Although the guideline calculation is a starting point, a court may occasionally depart from it due to exceptional circumstances.
How Are Child Support Payments Enforced in California?
You have several alternatives for getting the other parent to pay back child support if you are the custodial parent in California and they have stopped making payments. The following three methods are used in California to enforce child support obligations:
Income Withholding Order
An Income Withholding Order (IWO) is a court order instructing the employer of the non-custodial parent to deduct a specific sum from the paycheck each month and submit it to the court. The money will then be sent to the custodial parent by the court.
Lien on Property
The court may put a lien on any assets the non-custodial parent owns, such as a home or vehicle. It implies that the non-custodial parent can only sell the house once they have settled their unpaid child support obligation.
Seizure of Property
In rare circumstances, it would be feasible to completely take the non-custodial parent’s assets to satisfy the child support obligation. The non-custodial parent often can only do this if they have substantial assets, such as many residences or pricey items.
How Can Child Support Be Modified in California?
There are two methods to change child support in California: through the court system or through direct discussion between the parents. Either parent may ask the court to modify the child support order if the parents cannot agree. After reviewing the case’s facts, the court will decide whether a change is necessary.
Some of the reasons why the court might modify a child support order include:
- One parent has lost their job.
- A considerable shift in one parent’s or both parent’s income or a change in how much time each parent spends with the kid.
- One parent gets remarried and has more kids.
Frequently Asked Questions
How Is Child Support Determined in California?
The intricate mathematical formula factors in the parents’ various income levels and time-sharing agreements determine California child support.
When Does Child Support End in California?
According to state legislation, court-ordered child support often expires when the minor turns 18, graduates from high school, gets married, enters a domestic partnership, becomes emancipated, or passes away. The parents will still be liable for the kid’s support if the youngster reaches 18 while still enrolled in high school. However, the parents are free to continue supporting the child. The court may require both parents to continue providing for the dependent kid if they cannot do so due to medical or mental health issues.
Can Child Support be Changed?
Yes. The amount of child support may be increased or decreased. Typically, the paying parent requests a reduction while the receiving parent begs for an increase. It can change higher or downwards for various reasons, including a job loss, a wage increase, a promotion, a change in custody, or changes in the child’s demands (typically related to medical needs).
What Happens if You Can't Afford Child Support in California?
Payments must be made in the prescribed amount and on the designated dates. A child support order’s non-compliance may result in dire legal repercussions. The court may issue an arrest warrant for a parent if they fail to make one or more child support payments.
Your Experienced Child Support Attorney in Claremont, CA
Child support disputes can arise long after the resolution of child custody. Your child should have the best opportunities after a divorce. Stephen Gassner and his legal team can help. They can help you through the child support laws in Claremont, California, since they have the necessary information and expertise. Let us know if you are going through a divorce or if enforcement is causing you problems. Our child support legal team will help ensure your children receive financial assistance. Contact our law office for a free child support case evaluation.
Law Office of Stephen Gassner
324 N Mountain Ave, Upland, CA 91786, United States
(909) 937-7000
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Mr. Gassner is a Certified Family Law Specialist, certified by the California State Bar Board of Legal Specialization. He is also a member of the Association of Certified Family Law Specialists and a member of the California Lawyers Association Family Law Section.