Fullerton Child Support Lawyer
Fullerton Child Support Attorney
Child support laws may seem straightforward, but the process can become complicated quickly, especially when parents don’t agree on terms, and mistakes can create an undue financial burden. Ultimately, though, it’s the children who suffer when their needs aren’t being met. If you’re facing child support challenges, a Fullerton child support lawyer at Moranda Law Firm, APC, can provide the personalized legal advice you need to move forward.
Child Support in California
Child support is the term given to payments that a parent makes to their child’s other parent to cover the financial costs of raising the child. Both parents are responsible for contributing to their children’s living expenses, including:
- Housing
- Food
- Clothing
- Education
- Childcare costs
- Medical care
- Transportation
- Extracurricular activities
- Any other necessities
While both parents are financially responsible for their children, child support payments are not always required. In some cases, where there is 50/50 custody and both parents’ incomes are similar, child support payments are usually unnecessary. However, in cases where one parent makes significantly more money or spends considerably more time with the children, child support payments are often required.
Receiving Child Support
Child support payments are usually part of child custody orders, such as those included in a divorce or paternity case. In most cases, one parent usually pays a set monthly payment to the other parent after they separate, and child support is required whether parents were previously married or not. In California, a judge has to agree to a child support arrangement, even if both parents agree on the terms, and the amount is determined at that time.
It’s important to note that both parents might pay child support to a legal guardian who is not their child’s parent and who may or may not be another family member.
Even though both parents are financially responsible for supporting their children, one parent might fail or outright refuse to meet their legal obligation. In these cases, the parent who is not following the child support order may have to pay back child support as well as any interest on support owed. Unfortunately, enforcing the child support order often falls to the other parent and can be stressful and overwhelming.
Sources of Income
In Fullerton, California, all sources of income are considered when calculating child support payments. The most common source of income is regular wages from each parent’s jobs, but there are several others that are taken into account as well, including:
- Tips
- Bonuses
- Commissions
- Overtime pay
- Unemployment benefits
- Disability or workers’ compensation payments
- Social Security, retirement, and pensions
- Stocks and other investments
- Rental property income
- Lottery and prize winnings
In addition, child support may also consider a parent’s earning potential if the parent is unemployed or underemployed.
Changing a Child Support Order
Child support is an ongoing process, not a one-and-done deal. As the parents’ and children’s circumstances change, the child support order may need to be updated as well. Either parent can request a modification based on changes in their life, the life of their child, or the life of the other parent. Some life changes that may warrant a modification are:
- Involuntary job loss
- Long-term or permanent disability
- Medical diagnosis
- A new or additional job
- Marriage, birth of another child, or death of a spouse or child
- Incarceration
- Active military deployment
- Significant change in the child’s needs
As a general rule, if the child support amount is likely to change significantly, a modification will usually be granted. There is a process to modify existing child support orders in such cases. If both parents agree on a new amount, they can file a Stipulated Agreement with the court, but when parents can’t agree, a hearing may be required.
A Child Support Lawyer Can Help
Whether you are newly separated, need to modify an existing support order, or are dealing with a parent who is not meeting their obligations, a family lawyer can review the facts of your case and determine a solid legal strategy to make sure your children receive the financial support they need.
FAQ
How Is Child Support Calculated in California?
California has a complex system for calculating child support that is determined by the number of children, the income disparity between the parties, and the amount of time each parent spends with the children. In general, parents who earn more and spend less time with their children will pay more in child support, but additional expenses like education, health care, or other special needs may also be a factor.
How Can I Legally Stop Paying Child Support in California?
In most cases, you cannot legally stop paying child support in California until the child is 18 years of age and has graduated high school, gets married, joins the military, or is granted emancipation by the court. If the court determines that terminating your parental rights is in the child’s best interests, you do not have to continue child support payments. However, you cannot terminate child support of your own volition.
Do I Need a Lawyer for a Child Support Case in California?
In some cases where both parents agree to all terms, you may not necessarily need a lawyer for a child support case in California; however, child support laws are complex, and the paperwork involved can be challenging. Seeking legal advice can give you a significant advantage and even lead to a positive outcome in the child support agreement.
How Much Is a Child Support Lawyer in California?
The cost of a child support lawyer in California varies depending on several factors, such as the location and experience level of the lawyer, the complexity of the case, whether the case is contentious, and whether the case can be settled without going to trial. In addition, some lawyers charge a flat fee, and others charge hourly. Be sure to discuss fees with your lawyer in the initial consultation.
Contact a Child Support Lawyer Today
Moranda Law Firm, APC, understands the challenges that come with child support issues because we have committed our practice to family law. For more than ten years, we’ve focused on helping clients in California with issues that impact children and families. Our goal is always to provide top-quality legal representation and individual attention so every client gets the most positive outcome possible in their case. Contact our office today to set up a consultation.
