All divorces involving children must address two important matters: child support and child custody. These two agreements help to ensure that the children of a divorce are still properly taken care of. It also guarantees that their needs are still being met when the separation is finalized. Divorces where children are involved can become convoluted. Therefore, it is imperative that you work with a professional family lawyer throughout your case. If you need help with a child support case here in Upland, CA, our team at All American Law is ready to assist you.
In a child support case, having a lawyer who is familiar with the legal aspects of your proceedings can help tremendously. At All American Law, our team of attorneys has over 30 years of shared experience working in family law. We have worked on multitudes of child support and child custody cases. We are prepared to help you find a solution to yours, too. Our staff is committed to providing each of our clients with the professional representation and support they need during these complicated times. Do not delay asking how our team of child custody lawyers can help you and your child.
Every parent has responsibilities that come along with having a child, including caring for them financially. When a couple divorces, these responsibilities do not just disappear. Instead, they appear in other forms like child support and child custody. Child support is a legally required payment that is made from one parent to the other. This ensures that the children involved are still being cared for properly. The parent who receives the child support payment is most often the one who has the most parenting time with the children. Child support payments are required until a child reaches the age of 18 and is no longer considered a minor.
The court considers a variety of different factors when making decisions on a child support order. However, the court must keep the “best interests” of the children and their welfare as a primary concern in all decisions made. To do this, the court also weighs factors such as:
The court decides who the paying parent will be and who the receiving parent will be. The most important factors they will consider include the income of each parent and their individual amounts of parenting time. The gender of the parent has no effect on who pays child support. This means that the court does not take into consideration whether the mother or the father is the paying parent.
In most cases, the parent that has custody of the children most of the time will be the one receiving payments. For example, in cases of sole custody, the non-custodial parent is almost always required to make payments to the other parent, who is the primary caretaker. This is because they have little to no responsibility for the physical care of their child. The incomes of both parents will also be considered. In many family situations, there was often a primary breadwinner who brought in most of the income before the divorce. In some cases, the income of each parent will play a heavier role than parenting time. For example, in certain cases of joint custody, parents may have similar amounts of parenting time. However, the parent with the higher income will be required to make child support payments.
Every state has its own method for calculating a fair child support payment. In California, the state has created a formula to provide the most accurate child support payments needed. In general, the less parenting time that the higher-earning spouse spends with their children, and the larger the difference between each parent’s income, the higher the child support payment will be.
The formula that California uses is as follows: CS = K (HN – (H%)(TN)).
When there is more than one child involved, the state has implemented specific multipliers for parents to use. For example, if there are two children, the entire formula will be multiplied by 1.6. If there are three children, the entire formula will be multiplied by 2, and so on.
Each letter stands for an important factor affecting the overall payment amount:
Child support cases involve a wide range of different family law aspects and legal procedures. Because of this, it can be extremely advantageous to have a professional family lawyer on your side during the legal proceedings of your divorce. At All American Law, our attorneys have decades of experience working in family law. We are quite familiar with how child support cases are handled. Our team has experience in and out of the courtroom, in addition to our extensive knowledge of family law. You can trust that our lawyers will fight for the most optimal outcome possible for you. We can take the time to listen to you, evaluate your situation, and work to create a case that represents you and your child’s needs. Whether you are in a child support conflict currently, or you want to modify a previous child support order, All American Law offers the Upland family law services you need.
Every child support payment amount depends on the unique factors of a separating family. This means that payment amounts can vary greatly from case to case. In general, the average child support payment for one child in California is around $430 per month. For many California families, however, this is on the lower end.
Temporary child support is a form of child support that one parent can file for while a divorce is taking place. This way, they can still care for their children until a final child support decision is made. You will need the skills of an experienced attorney to navigate this situation.
There are multiple different legal consequences an individual may face if they fall behind on or refuse to make their child support payments. If an individual is purposefully not paying their child support, they can be found in contempt of court. They will face fines or even jail time. They will also be required to pay what they owe in child support in full.
California state guidelines allow parents to request add-ons to their child support orders for additional expenses that benefit the child. These add-ons could include, among others:
In some instances, add-ons are mandatory. For example, a child is uninsured, and the parent will need help paying medical bills. In other cases, a judge may decline an add-on if they do not see a purpose or need for it.
Generally, the law requires that a parent make child support payments to ensure their children’s needs are properly met until they reach the age of 18. However, there are some circumstances in which a parent may stop paying before their child turns 18. There are also situations where they may have to pay after they turn 18. If a child is emancipated and legally recognized as an adult, the parent no longer has to make child support payments. If the child has special needs, or is incapacitated, a parent may be required to make payments past the age of 18.
If you are going through a contested divorce, you want to make sure that you and your children’s needs are properly represented. Luckily, at All American Law, that is exactly what we are dedicated to doing. We have spent years gaining knowledge and experience in the world of family law. This helps us represent clients in all different kinds of difficult cases. For child support cases in Upland, you can trust our team to fight for you and your best interests. To learn more about what our attorneys can do for you, or to schedule a consultation, contact us today.