Child support involves the payment of funds from one parent to another for the benefit of their kids when they are separated or divorced. The amount of support paid varies widely from one case to another based on various factors. An Agoura Hills child support lawyer could help with the establishment, modification, termination, and enforcement of these orders.
Many parents rely on support payments to help them raise their children. As a result, ensuring that the correct amount of support is being paid and received can be crucial to an individual’s financial stability. A family attorney could analyze your situation and determine how a court may allocate parental financial obligations in your case.
All parents have a legal duty to support their child until they turn 18 or finish high school in most situations. However, parents must continue to financially support their children if they are disabled or incapable of self-support.
A child support order does not always have to remain the same until the duty of support ceases. Under California Family Code §3651, a court can modify or terminate a child support order at any time if deemed necessary. The modification of these orders can be retroactive to the date that the parent requests a change unless the court finds good cause not to make this decision.
Under Cal. Fam. Code §4052, courts must follow a statewide uniform guideline when calculating child support in a particular case. The statewide guideline uses a complex formula that considers the total gross income of each parent and the amount of time that the child spends with each spouse. Other factors that are relevant under the guideline include:
These orders also must include payment of child care expenses and uninsured medical costs. In some situations, parental financial obligations may include educational and special needs for the child, as well as visitation-related costs.
The law presumes that the guideline amount is fair, but a parent may present evidence to rebut this presumption in some cases. If the calculated support amount results in an unjust value, the court may order a support amount that differs from the uniform guideline. A lawyer in Agoura Hills could assist in the proper computation of child support and provide evidence in support of deviating from or keeping to the guideline amount.
Various mechanisms exist under state law that allows for the enforcement of child support orders. For instance, a court may issue wage assignments to a parent’s employer to secure support payments. Individuals may face sanctions for failing to pay, including the interception of state and federal income tax refunds or the suspension of driving privileges and passports.
Whether individuals are trying to enforce support that others owe them or defend themselves against allegations of non-payment, getting legal advice can be crucial. Contacting an Agoura Hills attorney may be the most effective way to handle either side of child support enforcement proceedings.
Child support is an essential part of family law proceedings in which parents share children. However, calculating a fair amount based on individual situations can be challenging. Fortunately, an Agoura Hills child support lawyer could help during this process.
With legal counsel on your side, you may place yourself in a better position to succeed, whether your goal is to establish, modify, terminate, or enforce your order. An experienced attorney could help you understand the method used to arrive at your order and counsel you on your rights and responsibilities when you receive or pay child support.
Hoffer Family Law Firm
As you know, we are now living in uncertain times. Our society has shifted in ways that were completely unexpected 3-6 months ago. As a result, our priorities and actions need to shift as well. Remember, we cannot control the wind, but we can always adjust our sails. The Courts here in Southern California are closed for the foreseeable future. The Los Angeles County courts are taking filings and are hearing emergency matters. The Ventura County Courts are hearing emergency matters but are not taking filings at all. Currently, both court systems are scheduled to re-open in mid-May; however, given the current state of affairs, it is likely that the closures will be extended.
So, how do we adjust our sails? We set you up for success for when the Courts re-open, your case will be ready to go.
1. Video Consultations: All you need is a phone, an iPad, or a computer with a webcam and a microphone and we can have a video consultation. Please click here to schedule.
2. For Divorce Cases: For existing cases in Ventura County, we can prepare your disclosures, create a discovery plan and ready your case for when the court opens again. For Los Angeles County, we can file your Petition and related documents, prepare your disclosures, create a discovery plan and ready your case for when the court opens again.
My Advice to you!
3. Be physically and emotionally healthy! There is a lot of humor circulating about how people are gaining weight and getting drunk during this period. Don’t give in to that. This is the time to take stock and improve on those things you always wanted. It means reading that book you wanted to read. It means taking that online course you always meant to take. It means gaining that skill that you didn’t have time for. It also means not letting your divorce case sit unattended. There is always work to be done. Let us handle it for you. Take this period of time to be proactive!
Thanks for taking the time to drop by.
Jeffrey L. Hoffer
Certified Family Law Specialist – located in Agoura Hills, CA.