Claremont Child Support Lawyer

Anyone with a child has a legal obligation to help provide financial support for that child, whether the parents are married or not. If you are starting divorce proceedings or one of the child’s parents is not providing monetary assistance, a Claremont child support lawyer at All American Law can help you pursue the financial support that you and your child are entitled to under California law.

Understanding California Child Support Laws

Child support is the amount of money a court orders a parent to provide for their child each month, up until the age of 18 or until the child graduates from high school, whichever occurs later, within the limits set by law. Usually, this money is provided by a parent not living with the child full-time to help support the parent who has legal custody of the child.

In Claremont, California and throughout Los Angeles County, child support matters are typically handled through the Los Angeles County Superior Court and coordinated with local child support agencies when appropriate.

Under California Family Code 4053, a child’s parents are obligated to provide support for their child’s basic needs. This includes expenses for: 

• Childcare
• Clothing
• Education
• Food
• Healthcare
• Shelter
• Transportation

California Family Code section 4055 details a statewide equation that is used to calculate how much child support a parent should be paying.

The formula takes into consideration:

• Each parent’s gross monthly income
• How much time each parent spends with the child
• The number of children eligible for support
• The cost of needed childcare for parents to work to support their child
• If the parent is already paying for any large medical expenses for the child
• Any special needs the child may have

How a Claremont Child Support Attorney Can Help

Filing for child support is not an easy process. Proper forms and documentation need to be provided to support your position and present complete financial information to the court. While California provides a formula to help calculate how much child support each parent owes, that amount can fluctuate. For example, if a parent loses their job or suddenly has an expensive healthcare need, a modification to the order may be necessary.

When you hire a child support lawyer in Los Angeles County, they will help you:

• Open a child support case with Los Angeles Child Support Services.
• Collect all documents needed to prove each parent’s current income, including W-2 forms, tax returns, bank statements, and pay stubs.
• Obtain proof of paternity as needed.
• Correctly calculate how much financial support each parent should be providing for their child, based on California’s guidelines.
• Investigate for any potentially hidden income sources not being reported by a parent.
• Assist with special circumstances, such as a self-employed or unemployed parent.
• Seek monetary assistance for a child’s specialized educational, medical, or therapeutic needs.
• Represent you and your child’s interests if your child support case goes in front of the County of Los Angeles Superior Court.

Once your child support case comes to an agreement, your child support lawyer can also help enforce the orders, including:

• Filing for wage garnishment or liens on bank accounts and properties if a parent fails to pay the agreed-upon monthly child support.
• Asking the court to charge a parent with contempt of court in extreme cases.
• Seeking back child support, or arrears, under California Code of Civil Procedure Section 685.10.
• Helping enforce child support decisions when parents live in different states.
• Making child support alterations due to major life changes, such as unemployment or remarriage.

FAQs

How Much Does a Child Support Lawyer Cost in California?

How much a child support lawyer costs in California depends on your specific case and its complexity. For example, uncontested cases where both parents easily agree on child support amounts are usually less expensive than cases that need more court time. Upon your initial consultation, your Claremont child support attorney will be able to provide you with information about fee structures and an estimated range of costs based on your situation.

Do I Need a Lawyer for Child Support in California?

While you are not legally required to have a lawyer for child support in California, handling the process yourself can be extremely overwhelming. You have a higher possibility of error without professional help, which can lead to your case being thrown out. Studies show that almost 30% of parents who should be receiving child support payments do not. You can increase your chances of obtaining a favorable outcome with the help of a child support lawyer.

What Is the Biggest Mistake You Can Make in a Child Support Case?

One of the biggest mistakes that you can make in a child support case is not filing all the correct documentation that the court needs to calculate the proper amount of financial support your child needs. Not providing all the necessary documents and being unprepared can have a very negative impact on your case’s outcome. This is why it’s important to have a Claremont child support lawyer by your side to help you navigate the process.

Does a Parent Living in Another State Still Need to Pay Child Support?

Yes, even if a parent is no longer living in California, they still need to pay court-ordered child support. This is not only directed through California Child Support Services (CSS), but also the Uniform Interstate Family Support Act (UIFSA), which helps enforce child support mandates across state lines. If you experience issues with a parent living in another state who isn’t paying their monthly child support, your Claremont child support lawyer can provide guidance in resolving that issue.

Hire a Child Support Lawyer Today

There’s no denying the fact that raising a child in today’s world is expensive. If you’re one of the approximately 282,000 single-parent families living in the Los Angeles area, receiving the financial support you and your child are due is crucial to your child’s well-being.

For more than 30 years, All American Law has helped Los Angeles County parents work through the child custody process to get the financial support they are entitled to by law. Focusing only on family law, our attorneys understand how difficult working through the child support process can be, and will work tirelessly to defend the rights of you and your child.

Contact our office today to learn more about how we can help with your child custody case.