Tustin Child Support Lawyer
Tustin Child Support Attorney
Families can look different, but regardless of the type, it is important that the children in the relationship be cared for properly. There is an assumption that a married couple will pool resources to care for their child, but in instances where the parents are not married, the state can enforce financial support for a child through child support. If you are separating from your partner and need to establish child support, a knowledgeable Tustin child support lawyer can help.
Child support cases can be incredibly contentious, especially if they are part of a divorce proceeding. Reaching a favorable outcome can be difficult if your co-parent is working against you and the process. Moranda Law Firm, APC, can help reduce the friction and ensure your child receives appropriate child support. Whether you are a paying or receiving parent, our skilled team can work to reach a favorable outcome for you and your child.
Child Support in California
Child support is meant to ensure the child has a quality of life and level of care as if the parents were still in the same household and contributing jointly. It is possible for one or both parents to make regular payments in the interest of covering all living and medical expenses.
Unfortunately, Tustin child support cases can be complex. Reaching out for support from an experienced child support attorney with Moranda Law Firm, APC, can simplify the process and make it less emotionally burdensome. Areas of child support that we can help with include:
- Enforcing a child support order
- Establishing an initial child support order
- Modifying an existing child support order
- Enforce arrears
Since our team focuses on family law, you can rest assured that we have years of experience handling cases like yours. We can pull from vast knowledge reserves and contact skilled professionals to help you reach a favorable outcome for your case.
Calculating Child Support
California courts standardize how they determine appropriate child support payments by using a formula known as guideline child support. The formula is quite complex, but components of the guideline include:
- The total net monthly disposable income of both parties
- The high earner’s net monthly disposable income
- The percentage of time the child will spend with each parent
- The number of children
Though California Child Support Services does offer a guideline calculator, appropriately using it does require some understanding of California and federal tax law, as well as knowledge of Tustin family law. Our office can help you explore this calculator and how it can be applied to your circumstances.
It is important to note that the parents can work together to create a child support payment schedule that they feel is appropriate, but the court still has final authority in determining the child support order. Even if the parents agree to a child support determination, a judge must still approve the plan. The judge can reject a parent’s submission and instead use the guideline calculator to set the payment amounts.
Modifying Child Support
It is possible for either parent to request to modify the child support order following changes in their personal life or financial situation. Potential reasons to request a child support modification include:
- Increase or decrease in income
- Loss of a job
- Adoption or birth of another child
- Change in child custody
- Change in the child’s needs
When filing for a child support modification, the parent requesting the change must show that the change in circumstance for which they are requesting a modification is large enough that their needs have changed.
If you are a paying parent and are requesting a child support modification, it is crucial that you continue to pay your court-ordered amount until the modification is approved. There are many consequences to not paying the court-ordered amount, including a 10% interest rate on any missed payments.
FAQs
What Happens if Child Support Is Not Paid in California?
If child support is not paid in California, there are several consequences that can negatively impact the payer’s life. California imposes a 10% interest fee on child support payment debt, the second-highest rate in the US. Additionally, the state can suspend the payer’s driver’s license following 180 days of nonpayment. It is important to speak with a child support attorney if you are in danger of falling behind in your payments.
When Do Court-Ordered Child Support Payments End in California?
Court-ordered child support payments in California can end in response to a few events. If the child has graduated from high school, payments will end when they turn 18 years old. If they are still in high school and live with the other parent, payments will end when they turn 19 or when they graduate, whichever comes first. Child support can also end if the child joins the military, marries/ registers a domestic partnership, is emancipated, or dies.
Do I Need an Attorney for Child Support?
You are not required to work with an attorney if you are going through a child support case. However, child support cases can be complex, and the consequences of the child support order not being appropriate can be severe. Working with a skilled child support attorney can ensure your rights are protected and that your financial situation is explained clearly to the court.
What Factors Can Impact a Child Support Order?
There are many factors that can impact a child support order. When creating an order, a judge can consider factors such as the earning capacity of each parent, the amount of time the child spends with each parent, the number of children, each parent’s expenses, the cost of the child’s health insurance, and additional childcare expenses. Even if the parents reach an agreement, the judge can still alter the order amount based on these factors.
Tustin Child Support Lawyer
Tustin law places great importance on ensuring your child is cared for appropriately following a separation or divorce. It is crucial that a child support order is fair to the child without causing great financial harm to the paying parents. If you need help navigating a child support case, Moranda Law Firm, APC, can help. Reach out to our office today to schedule a consultation with our skilled team.
