You may never have wished for a divorce to happen in the first place; however, it may be the only way to move forward.
Women tend to feel more overwhelmed during the divorce process as they fight for their rights and their kids. As parents, both mother and father are financially responsible for their children regardless of their marital status.
The reality is far from ideal, and some men may not want to contribute financially toward their child’s needs. Moreover, both parties may not agree to the same terms regarding child support. In such cases, hiring a divorce lawyer with a good understanding of the law is crucial.
Once the parents are separated, it becomes needful to balance the finances of both households. This way, children enjoy a financially stable home with both their parents and grow up without feeling the trauma of divorce.
What is Child Support?
Child support is a set amount of money paid by the non-custodial partner to the custodial partner to take care of the living and medical expenses of the children. Child support ends when the child turns 18 and graduates or turns 19 years old. Keep reading to find answers to the most frequently asked questions related to child support.
How is child support calculated in California?
It may seem complex to some, but deciding who pays child support in divorce in California follows a fair model. The amount is calculated based on the parents’ current gross income and the time they spend with their children. Furthermore, tax deductions are also considered. The same formula works even for people who have never been married and were in a domestic partnership.
What does child support cover?
Child support covers monetary support for everyday expenses of a child, health insurance, and back payments and interest. It may also include medical bills, visitation travel costs, school fees, and extracurricular activities.
When does child support begin after divorce?
Child support actions begin when parents file for divorce. After filing for child support, the other parent is served with papers and has nine days to respond before a hearing in court. Once the hearing is over, the judge will order child support.
The time taken may depend on how soon your file for child support. Besides, it depends on how the court proceeds. It may take up to sixty days to obtain a support obligation.
How a Lawyer Can Help You With Child Support Issues?
After the divorce, you may be unable to establish healthy communication with your former partner. Here are some things child support lawyers will help you with.
Child support lawyers ensure a fair negotiation between the two divorced parents.
The state of California already has set guidelines to calculate child support payments. In some cases, the parties may need to go to the court to establish who pays child support in a divorce.
The judge will consider the same guidelines and formulas to conclude an amount of payment. When divorce is final, it’s recommended to hire a lawyer for mediation and to look after the children’s best interest.
Avoid illegal troubles
Hiring a professional lawyer is the best way to solve child support issues, as getting personally involved may result in domestic turmoil for you and your partner. It may not be deemed legal to prevent the other parent from visiting the children.
Stephen V. Smith, Family and Divorce Attorney at 619 Divorce Firm in San Diego, explains, “As per the California Penal Code 278.5, preventing your partner from visiting your children is illegal and may get you in trouble. The code violation includes deprivation of a non-custodial parent’s visitation by concealing or luring away the children.“
You must not threaten your partner to get child support. Instead, choosing the right attorney in San Diego will protect your rights and lead you to a better solution.
Divorce and child support lawyers help when one parent has been negligent in paying child support. The lack of consistency in payments may also be due to a drastic change in the financial conditions of the former partner.
As a result, one parent will have to step up to take the burden. In other cases, one parent may start gaining more financial stability. Therefore, the amount of child support can change per the current financial status.
You may hire a divorce lawyer if you feel your child is receiving less financial support or your partner has been delaying payments. A divorce and child support lawyer will represent your demands in court. Once the case is heard by the judge, they will legally order consistent child support payments.
Establishing new terms
According to the state guidelines, both parents may approach the court for a favorable outcome. The judge may establish new child support terms considering all the information and ensure the custodial parent receives the right amount of financial support. This also works in favor of the non-custodial parent if they feel they are paying more child support.
Child Support in the No-Fault Divorce States
Whenever child support and custody are calculated in the No-Fault states such as California, the cause for divorce is not considered. All the divorces in California are no-fault divorces. A couple may get a divorce if there are irreconcilable differences, implying they could not get along.
Hire the Best Child Support Lawyer
When hiring a lawyer to fight your child support case, you cannot take any chances. The lawyer’s skills will determine the amount of child support you’ll receive for your child. Although there are rules and regulations, the situation may not stay cordial, and the non-custodial parent may not agree to your demands.
Generally, non-custodial parents may not be upfront about their income to pay less child support. Moreover, there may be reluctance due to many factors. A good lawyer will study your case, collect facts, and present them in court to ensure you reach the proper agreement. You may request consistent child support or modify the amount that corresponds to the current situation.