Orange County Child Support Lawyer
Divorce can be a complicated affair, especially when there are minor children involved in it. During separation, parents may be subject to child support obligations. The particulars of the obligations are underlined in the child support order issued by the court. While both parents are legally responsible for raising their child, an end to the marriage or domestic partnership might put the financial obligations of rearing the child more on one parent than the other, based on various factors. In addition, the parents in a paternity matter may also have obligations under a child support order.
If you’re going through a divorce in Orange County, California, you might want to familiarize yourself with the child support laws in California if you also happen to have children. A child support attorney or certified family law specialist would be able to help you with the rundown of child support proceedings, as well as potential child support calculations. The child support lawyers at The Goldberg Legal Group can help you with all the legal aspects of your divorce, child support process, and other family law matters. Please schedule a consultation now with our experienced child support attorneys to get started.
How Is Child Support Determined In Orange County?
In Orange County, child support is determined by California’s child support guidelines. According to California’s child support guidelines, two significant factors considered in determining the child support amounts are how much each parent earns and how much time the child spends with each parent. The earning capacity of both parents may also be considered.
Here are some other primary factors that are considered while determining child support payments-
- Gross income and earning capacity of both the parents
- Income derived from every source
- How much time each parent spends with the minor child
- Child care costs
- Health Insurance Costs
- Any tax deductions
- The mandatory dues of each parent, like union dues or mandatory retirement
The court order would consider multiple factors before allocating the share of financial support of each parent. If you want some key highlights and want more information on the child support guidelines of a city or county, consult a experienced or child support attorney.
- A parent would have to pay child support until the minor reaches the age of 18 and has graduated from high school.
- The child support payments would continue until the child turned 19 years old if not graduated from high school.
- The parents would continue to pay child support until the child dies, gets married, or becomes emancipated, for instance, by joining the military.
In case the child is unable support themselves due to some medical condition or disability, the court could order the parents to continue paying the child support or maintenance when they become an adult.
What Expenses Are Included In The Monthly Child Support Calculation?
There are a host of expenses that would be included while determining what the child support would encompass. Usually, the payments are made to the custodial parent. Here is a summary of all such expenses.
- Health insurance
- Childcare expenses
- Payment for extracurricular activities such as additional lessons, sports, field trips, or any other activity the child does
- Commute costs for visitation
You can learn more about child support guidelines by consulting a professional with experience in Child support matters. A knowledgeable and experienced child support lawyer would be able to help you navigate the child support laws in Orange County, California.
The Goldberg Legal Group can inform you of your rights as a child support paying parent or child support receiving parent. We provide complimentary consultations to new clients in Southern California to give them an idea of what they can expect from our Orange County child support lawyer. Schedule a complimentary consultation with us today for the best legal counsel for your family law or child support case.
What Is The Penalty For Not Paying Child Support In California?
Child support payments are court-mandated orders that both parents must comply with. If the child support order has to be enforced by either of the parents, usually the parent receiving child support, then there could be severe penalties imposed on the payor of the child support obligation.
As a support receiving parent, you can file an enforcement of child support or contempt against the delinquent parent if they fail to provide the child support to the other parent. The court would then hold a hearing. Before filing a Request for Order, consult The Goldberg Legal Group to hire an Orange County child support lawyer.
After the hearing, if the judge finds the delinquent parent in contempt, they can impose a fine on the liable parent. They can also sentence them to jail for up to 5 days per violation. Although, the fine is not usually imposed, as the same amount could go towards child support. In addition, the violating parent could be ordered to pay the attorney fees of the other parent.
How Can I Modify Child Support In California?
After the child support amount has been ordered by the court, a parent has the right to modify support when there has been a material change of circumstances. You can petition the court to have the amount either increased or decreased, depending upon the changed circumstances.
Ideally, you should hire an Orange County child support lawyer before petitioning, so you’d know what you would be getting into by entering such proceedings. Having a family lawyer could immensely improve your chances of having your request approved by the courts. Therefore, while it may not be mandatory for you to have a lawyer to modify child support in California, it can certainly help.
The modifications can be requested under any of the following circumstances –
- You were fired from your job
- You took another job or additional work
- Either parent’s income notably increased/ decreased
- Changes in child custody and visitation
- You became disabled
- Your family size increased or changed
- You got sentenced to jail
- You got deployed to active military service
- One of the children became an adult
For all the scenarios mentioned above, you’d have to provide the judge with the evidence. For instance, if your income increased or decreased, you’d have to provide the court with pay stubs. If you suffered an accident and became disabled, you would have to provide medical proof of the same and update the court of your disability status. To know exactly what proof you’d be required to provide for a specific kind of modification, call us to schedule a meeting with the child support lawyers at The Goldberg Legal Group.
Why Hire The Goldberg Legal Group
The Goldberg Legal Group has been representing family law clients for over 10 years. Our dedicated services have helped numerous individuals reeling from the strenuous event of separation navigate their way around the local laws and statutes surrounding divorce, child support, and spousal support. We understand that divorces can be a painful experience for minor children. Not only do they witness a life-altering experience, but a question mark is also put on their future. To see that the child does not suffer the brunt of the separation, our lawyers help the parents understand their options and help them arrive at a favorable agreement regarding child support and spousal support. We believe in honest communication and fair charges.
We strive to get the parents a proper closure by the end of the legal battle. We have the knowledge and expertise to deal with even the most complex of divorce cases and help parents secure their child’s financial future. Schedule a consultation and seek our legal counsel to get started on your child support and/or spousal support case today.
Frequently Asked Questions
Is there an average child support payment for one child in California?
The child support payment in California can differ from family to family. A child with at least one high-earning parent would likely benefit from a higher child support than the lower-earning parents. In the same respect, each family may have different expenses, income, and deductions. There is no one size fits all approach in child support as each family is different. Various factors play a role in the child support calculation. Consult an family law attorney or law firm to obtain a more exact figure.
How much do you have to owe in child support to go to jail in California?
If you fail to pay the financial support for your minor child over a period of time, you could face severe penalties imposed by the courts. The increased number of missed payments and the length of time of missed payments are factors that the Court may use to determine whether a party may be jailed and/or fined. To know what other punishments you could face due to not paying the due child support, contact a family law lawyer or child support attorney.
Why should I hire a family law attorney for a child or spousal support case?
If you’re going through divorce proceedings or a paternity action, you might be sucked into a whirlwind of laws and legal statutes. If you have no legal experience in such cases, you might find it hard to navigate through the laws unless you have a family law attorney or a lawyer helping you out. A family law attorney can help you in a child support or spousal support case in many ways.
A family law attorney can negotiate the terms of child and spousal support skilfully and get you a favorable outcome.
One of the most underrated advantages of a family law attorney in Orange County is having constant emotional support while you reel from such a life-altering experience.