If you are facing a divorce or separation or are no longer in a relationship with your co-parent, one of the biggest issues that may arise between you is deciding how much child support each parent will be responsible for paying. In California, parents are required to share the financial duties of raising a child. However, child support orders can quickly become complicated, and a Visalia child support lawyer can prove essential to have on your side.
At Chase Family Law, our family lawyer has over 30 years of experience handling thousands of cases, including cases where child support is the main source of contention between the parties. He is passionate about helping his clients secure the compensation they need and deserve to raise their children. With his experience, our family law attorney can determine the necessary amount of financial support required and advocate for your child’s needs.
In the state of California, the amount of child support required of a noncustodial parent can be a major concern. It can be extremely difficult to determine the actual amount of child support that is owed in a case, and relations between the two parents can quickly become tense and emotionally charged. When two parents cannot agree on a child support arrangement, they will need to go to the courts for help.
The California courts will use a specific formula to determine the amount of child support a parent is required to pay. Within this formula, there are several factors that can impact the child support calculation.
First and most importantly, the courts will look at the total gross income of both parents from whatever source this income is derived. This can include all mandatory income, such as commissions, salaries, wages, royalties, dividends, rents, bonuses, interest, trust income, annuities, unemployment benefits, disability insurance benefits, pensions, workers’ compensation benefits, and Social Security benefits.
In certain cases, the court can also add other sources of income that do not fall under the umbrella of mandatory items to a parent’s gross income amount. These are considered discretionary items and can include employee benefits or self-employment benefits. These benefits might include a car allowance or company vehicle, employer rent-free housing, company credit cards, unused vacation time, or unused sick leave.
In addition to the gross total income of both parents, the courts will also look at various other factors, including the amount of time the child spends with each parent, any available tax deductions that either parent can potentially claim, and the childcare costs that may be incurred by either parent.
The formula used by the courts in child support orders is designed to end with a support award that accurately reflects the standard of living of both parents.
No matter the unique circumstances of your child support case, to ensure you do not become the victim of an unfair order, whether as the paying parent or the receiving parent, it is vital that you work with an attorney who can obtain a proper picture of your co-parent’s income and assets.
When a child support case is contested, meaning that the involved parties cannot reach an agreement on their own, you must bring copies of certain documents to your court hearing. These documents are those which you and your attorney relied on to make determinations regarding your income and typically include the following:
When working with Chase Family Law, we can help ensure you are aware of all documentation required in your case so that you can go into any child support hearing fully equipped.
Many individuals will want to know what child support payments can cover. The costs of raising a child can be extremely high, especially when there are multiple children involved. In most cases, child support can cover expenses that go above and beyond typical needs such as food, clothing, or shelter. In California, other costs can be factored into child support, including the following:
When you work with Chase Family Law, we can review you and your child’s unique situation and help determine which items should be calculated for your case. In addition to the basic items covered by child support, your case may also require certain add-on costs for your minor child that are generally not included in the base guideline for most child support cases. These add-ons are typically court-ordered and can include the following examples:
In certain child support situations, one of the parents might seek to modify an existing child support order. This can happen for a variety of reasons but is not valid if you simply wish to stop making child support payments. The most legitimate reasons for seeking a child support modification include:
Seeking the modification of an already existing child support order can be tricky, and you should only pursue this action with the assistance of a family law attorney.
If you are facing a child support case in Visalia, California, the experienced attorney at Chase Family Law is here to serve you. Contact our office today to learn more about the services offered and to schedule your initial consultation.