Guidelines in California for calculating child support are based on the Income Shares Model. The Law Office of David A. Martin & Associates here in Sacramento are fully conversant with this model and has the reputation and experience in handling these sensitive child support cases.
1) How is child support determined?
Several states differ in their child support specifications for example each state has different established minimum amounts of child support. Different state courts have established guidelines for awards of child support above the statutory minimums.
In figuring out a child support “guideline”, it is actually set up by calculating the minimum sum of Sacramento child support to be paid by a parent and the law directs the judge to first add up the total net monthly incomes of both parents. Next, the judge should calculate the percentage of that income that is being earned by the non-custodial parent. This amount is multiplied by the applicable level of welfare payments for the number of children in the household.
The end result of this computation will be the minimum child support. It must be understood that in the great majority of cases, the court orders child support above the minimum level, as established by local support guidelines. All earnings and income are usually verified through the examination of previous W-2’s and child support spreadsheets and worksheets, which can be viewed at the courthouse.
Items that may be vital to your state’s child support computation include:
- Parents’ incomes
- Parents’ assets (property, investments and so on)
- Child’s medical expenses
- Daycare costs
- Time child spends with the non-custodial parent
- Children’s ages
- Child support or alimony from a prior marriage
- Insurance costs
- Education Costs
2) How many years is child support supposed to be paid?
Child support should be paid up until the child gets to be 18, unless the child has not managed to graduate from high school. If the child has not yet graduated high school the child support continues up until the child has graduated high school or turns 19, whatever occurs first.
Presently, the law does not provide judges the authority to make a parent support a child beyond the age of 19, except if the child is physically or mentally disabled. Even so, the parents can agree that child support is to carry on into the college years, and these kinds of an agreement will be enforced by the Family Law Court.
3) How is child support expected to be paid?
If the custodial parent agrees otherwise, all child support will be paid by a wage assignment. This means that the child support payments should be taken off from the salary of the parent who is obliged to pay out child support.
4) Can I get child support before the child support order?
If you don’t get public assistance, you may get child support from the day that you filed your case asking for child support. To receive support from this date, you must serve the other parent three months after you file your case. The judge can also award child support beginning from the date of the hearing, the date the other parent was served, or some other date dependent on the facts of the case.
Sacramento Child Support Lawyers
Whether you are having difficulties getting child support payments from the other parent or perhaps you have been ordered to pay an unfair amount, the Sacramento child support lawyers at our firm could actually help. Call our offices immediately to consult with an attorney as soon as possible.
Child Support Cases We Deal with
We fully grasp the trouble of figuring out fair child support payments as well as collecting those payments from a child’s parent. We’ll assist you with a range of child support issues, including all those associated with:
- Modifications to Support Agreements
- Enforcing Support Agreements
Figuring out a sensible child support agreement can be very tough. Even after a payment amount was established some parents are not willing to pay out what they have been required to pay out. If you are experiencing any complications linked to child support payments, you need experienced legal assistance. Our Sacramento child support attorneys will fight to assist you get the child support agreement you need to have.
Sacramento Child Support Enforcement
Just about all states run a child support enforcement program. Child support can be taken out of a parent’s paycheck. Any late child support can be collected from:
- Federal and state income tax refunds
- Liens put on property
- Selling property
Adjusting Sacramento Child Support Orders
In many states, child support can be recalculated on a regular basis. On these states, courts need parents to trade tax return information to see if child support must be increased. In most states, either parent can file a court motion to recalculate child support at any time.
If you pay support, you need to request the court to recalculate it if:
- Your income goes down substantially or you lose your work
- The other parent’s income increases
- Living costs change in either household
The Role of the Court
The guidelines laid out in California are uniform and the courts have the obligation to adhere to them. They use the following principles:
- A parent’s primary obligation is to provide support for their children when they are minors and this is assessed in relation to their circumstances and position in life
- Each parent takes equal responsibility for supporting their children
- Both parent’s real income and their level of accountability for the children are considered
- Both parents should pay an amount of support for their children that is based on their ability to do so
- The children’s interests come first and foremost
- The children must have a share in both parents’ standard of living, which may mean improving the standard of living of the household that has custody so as to ensure the children are well cared for
- The financial requirements for the children must be catered for by the use of private financial sources as long as it is practicable
- There is an assumption that the parent who has the most physical custody of the children will provide a significant amount of any available resources in supporting the children
- Efficient and fair settlements free of conflict are encouraged between parents so as to reduce the necessity for litigation
- All orders for child support have to make sure that the children do receive fair, suitable, and enough support which relates to California’s standard of living. This must take into consideration the high level of costs for bringing up children when compared with other U.S. states
Issues to discuss with Your Lawyer
- If I lose my job, can I stop making child support payments?
- Are child support payments necessary if custody is shared?
- How often can child support payments be revised?