Child Support Attorneys Rancho Cucamonga
Skilled and Compassionate Guidance
In California, both parents are required to provide for the financial needs of their children until they turn 18 years of age (or 19 years of age when the child is still in high school and living at home). This is true whether or not the parents are together. If you and your child's other parent are divorcing or separating, you must have a child support arrangement in place to ensure that your child's living expenses and needs are taken care of. If you've both decided on a fair amount that one parent must pay the other, you still must have a judge review and sign the stipulation to ensure that's it's legally enforceable. If you and your child's other parent can't agree on child support matters, you must take your case to family court to have it sorted out. Whatever your situation, having an attorney by your side throughout the process can help make things go smoother.
At Newman & Allen, our Rancho Cucamonga family lawyers have over 40 years of combined experience and can provide the legal representation you need. We recognize the complexities of these matters and can prepare forms, explain the process, and calculate fair payment amounts. Focusing on the best interests of you and your family, we'll ensure all relevant information is collected and presented in your case.
How Does California Calculate Child Support Payments?
Children have a right to financial support from both parents, which means if you and your ex-partner are not together, you must ensure that each contributes to your child's financial needs. If you cannot agree on how much each of you will provide, a judge will decide for you. When determining child support, the judge is bound by California's guideline calculations.
Several factors are considered when determining child support, including:
- The parents' income (or potential income)
- The sources of income
- The number of children the parents share
- The time each parent spends with the children
- The tax filing status of each parent
- The amount of support each parent pays for other children
- The costs for health insurance coverage
- The expenses for daycare or healthcare not covered by insurance
Regarding the parents' income, it's based on what they bring home after taxes. In some cases, bonuses, commission, and overtime will be factored into the payment amount if that non-wage income is a regular occurrence.
The payment amount determined by applying the guideline is considered correct. Thus, it can only be revised in limited situations.
Can Child Support Be Modified?
Life can be unpredictable, and after a child support agreement has been made, one parent's financial or personal situation may change. The new condition may require a modification of the child support agreement.
To modify child support, the parents must ask the court to change the amount. Typically, such a request will be granted when there has been a substantial change to the parent's income or time-share.
What Happens If the Parent Stops Paying Child Support?
Child support agreements signed by a judge are legally binding and enforceable. This means that if one parent willfully fails to make payments, they could be facing severe consequences.
Some of the penalties include:
- Interest accrued on the amount owed
- Wage garnishment
- Jail time (if found in contempt of court)
Our Firm Is Here to Help Through the Process
Ensuring that a fair child support amount is established is essential for your children's well-being, but it can also be a complicated process. At Newman & Allen, our Rancho Cucamonga attorneys will explain the steps involved in clear and understandable terms and help navigate the complexities.
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