Child support is often a sensitive subject for individuals who co-parent their children or plan to co-parent following a divorce. Parents don’t have to be married, though, for one parent to be court-ordered to pay child support. When one parent refuses to willingly contribute to supporting their child, the custodial parent can work with a Tulare child support lawyer to obtain a child support order or modify or enforce an existing order.
Chase Family Law has experience working with families dealing with family law matters involving child support. Our sensitive, assertive approach allows us to get the results our clients desire and, if not, at least come to an agreeable compromise with the opposing party.
Whether you are seeking to modify an order, attempting to obtain child support from your child’s other parent for the first time, or amid divorce, we can provide the tailored support you need.
According to the California Department of Child Support Services’ Child Support Handbook, there are many factors that go into determining what an individual is required to pay in child support. Two of the most influential factors that determine payments are the incomes of both parents and the time each parent spends with the child.
Only 62% of the $30 billion that was to be paid in child support payments in 2017 was actually paid by supporting parents in the US. This might suggest that a significant number of supporting parents simply can’t afford their child support payments.
In these cases, avoiding paying child support altogether is not ideal because of the long-term consequences California imposes for non-payment of child support.
For example, failing to pay court-ordered child support in California can result in the revocation of an occupational and/or professional license, bank liens on property, levies on bank accounts, suspension of driver’s license, suspension of passport, interception of lottery winnings, or interception of tax refunds. In addition, unpaid court orders of any kind will incur a 10% interest charge.
The child support agency can also report missed child support payments to the major credit bureaus, which can significantly impact your credit score and ability to obtain loans. They can also seize assets such as cash, vehicles, royalties, rental income, unemployment or disability payments, workers’ comp payments, and more.
Thus, with all the long-term consequences you could be facing by not paying the child support payments at the current amount, hiring a child support lawyer in Tulare and getting a modification to your current child support order will be a lot cheaper in the long run.
If both parents are in agreement regarding the child support payment amount, a stipulation can be submitted that serves as a legal agreement establishing the child support payment amount. A Tulare child support attorney can assist in creating this statement correctly to avoid rejection and the need for resubmission.
A stipulation must meet certain requirements depending on the case, but it should generally state that the noncustodial parent is the child’s parent, agrees to the support amount, is willing to provide health insurance, and consents to the court entering an order.
California Child Support Services recommends enlisting the help of a Tulare child support lawyer due to the complex components of the judicial process of a child support modification, particularly the Summons and Complaint. These are fairly complicated legal documents that require timely submission and may even involve court appearances. Your chances of having a successful outcome increase significantly with qualified legal counsel.
While a child support lawyer is not required for a child support case, there are some circumstances that warrant legal representation in some situations more than others. For instance, if the opposing party has an attorney, you should also hire your own legal counsel. Also, if there are significant financial matters involved, it’s good to have a discerning voice of reason concerning the legalities of such important issues.
There isn’t an average child support payment per se. A child support payment is determined based on the unique circumstances of each family that weigh both parents’ incomes and child-related expenses, as well as the number of children receiving support. The courts use a special formula that can be simulated using California’s online calculator for determining child support.
If the supporting parent is unemployed, the court will determine child support payment amounts based on that parent’s earning capacity. The court maintains the perspective that a child has a right to child support, regardless of whether the supporting parent is working. If you have trouble finding employment, the court may order you to attend job placement, job training, or other programs that assist individuals in obtaining gainful employment.
Unless you’re not the biological or adoptive parent of the child, you cannot avoid paying child support. However, if you feel the amount you’re ordered to pay is unfair, you can request a modification of your payment amount as long as you can back up your argument with supporting evidence that you cannot afford the payments, such as proof of low income, proof of expenses, and other relevant documentation, though you also run the risk of increasing your payment.
Facing important legal matters such as child support modification, establishing parentage, and finding common ground on financial matters in a divorce is a hard burden to bear. Speaking to a compassionate and knowledgeable Tulare child support lawyer can ease your mind, reduce stress, and provide the legal support you need to complete your case and move on with your life.
Chase Family Law can offer these things and more. Our strategic and tactful approach to family law has garnered us many successful cases and satisfied customers over our 30 years of practicing family law. Call us to set up a time when we can discuss your case, and you can get the legal advice you need to make moves in your Tulare child support case.