Child support is a major issue for many parents in the United States. If you are planning to divorce in the near future, or if you are an unmarried parent in need of financial support from your child’s other parent, an Upland child support lawyer can guide you through the legal process of obtaining a child support agreement that suits your children’s best interests.
There are many misconceptions about the child support system in the United States. Investing in reliable legal representation as you begin your journey through the child support determination process is one of the best assets to have during this challenging time. At the Law Office of Stephanie J. Squires, we believe in providing our local prospective clients with as much information as possible so they can approach these difficult legal situations with more confidence.
If you intend to fight for child support, your Upland child support attorney can help you build a solid case, guide you through your legal proceedings, and help you address unexpected factors with greater fluency. If you expect to pay child support, our team can help with this end of the child support determination process and help ensure your payment terms are fair, reasonable, and align with California state laws.
Why Do You Need a Lawyer for Child Support?
Navigating any type of legal matter without a professional reputation is very difficult and risky. The average person with no formal experience with the family court system and no legal education or training is unlikely to be successful in handling their own child support case. An Upland child support attorney is your best asset in this situation. Your legal team can handle the procedural requirements of your case, address complex legal matters on your behalf, and ultimately help you reach the best possible outcome in your child support determination.
If you do not hire an Upland child support lawyer to represent you in a child support case, you could be gambling with your future. You risk either losing child support you need to maintain an acceptable standard of living for your children or paying much more child support than you actually owe under California state law. You also run the risk of overlooking critical information that can significantly influence your legal proceedings and alter your child support terms in different ways.
What Does the Court Look at When Determining Child Support?
Child support is mandatory in the state of California and most other states in the US. The legal definition of child support is the financial support necessary for meeting a child’s basic living expenses of shelter, food, clothing, and medical care. The family court of California must evaluate a child support agreement between parents to ensure the agreement aligns with the court’s interpretation of the child’s best interests.
Divorcing parents may negotiate a parenting plan privately in mediation, but they cannot reach any firm agreement without approval from a California family court judge. While it’s possible that a judge may approve of a mediated parenting plan with minimal adjustments, a judge must evaluate many different factors to discern an appropriate amount of child support for the couple’s children. These factors include:
- The net income of each parent. The court will first assess each parent’s gross income from all sources and then subtract all of their obligatory deductions like income taxes, Social Security deductions, and healthcare costs.
- The total debts held by each parent. The court must rule in favor of the best interests of a child in a child support determination. For example, if you hold a debt because you were forced to take out a loan to cover a gambling debt, it is very unlikely that the court will accept this as justification to reduce your child support obligation.
- The employment status of each parent. If the court determines that you are voluntarily unemployed or underemployed, they will consider this. It is unlikely that they will reduce your child support obligation if you are voluntarily earning less than you could potentially earn.
- The cost of living in the child’s area. The cost of living is quite high throughout most of California. A judge will assess food, housing, clothing, and other basic living expenses to determine the cost of living for a child to help them determine an appropriate child support determination.
- The medical status of the parents. Typically, the noncustodial parent, or the parent with less custody rights, will pay child support to the custodial parent. However, if one parent has a medical disability that interferes with their ability to care for their children or earn a living, this factor will definitely come into play in the court’s final decision.
Every child support case is unique, and these are just some of the factors that might come into play as the court decides an appropriate amount of child support. It is also vital to understand how child custody rights play into child support determinations. A child custody determination may result in parents sharing joint custody of their children if they are equally able to provide their children with stable living arrangements within close proximity. If one parent moves away, it is likely that the parent who remains in the family home will obtain greater custody rights than the other.
When parents have uneven custody rights, the parent with greater custody becomes the custodial parent and will receive child support from the noncustodial parent, even if the noncustodial parent earns less income than the custodial parent. California state law dictates that both parents must contribute equally to financially supporting their children. Hence, a custodial parent inherently incurs greater expenses when their children spend the majority of their time living with them.
Do I Need a Lawyer if My Child Support Needs to Be Modified?
The initial child support determination you and your coparent reach may last for many years, typically until your children reach adult age or are legally emancipated. However, the exact terms of your child support agreement are subject to change at any time. Since the court will base its child support determination on factors such as each parent’s income, total debts, earning potential, and medical status, changes in these factors matter. They can constitute grounds to revisit your child support agreement in court through the post-judgment modification process.
Filing a petition for child support modification is a relatively straightforward process. For example, if you are required to pay a certain amount of child support each month and experience a sudden change in income, such as losing your job, this directly influences your ability to meet your child support obligation.
It’s wise to work with an experienced Upland child support attorney if you need to modify a child support agreement for any reason. This includes petitioning the court to increase the child support you receive from your children’s other parent, decreasing your child support obligation in light of recent changes in your life, or terminating child support under certain conditions. Your attorney will help you prepare your petition for post-judgment modification and submit your petition to the court. The court will set a hearing date, and you and your coparent must attend this hearing to make your respective cases.
Will Child Support Increase If I Make More Money after my Divorce?
The short answer to this question is yes. If you start earning more income than you earned when your child support agreement was first created, it is very likely that the court will require you to increase your child support payments in proportion to your new earnings. Any parent paying child support must understand that it is crucial to be upfront and honest about positive changes to your income. If your coparent or the court discovers your earnings have increased but your child support payments have not, you could face severe legal penalties in addition to owing the difference you should have paid following your increase in pay.
Potential Penalties for Nonpayment of Child Support in California
If you are obligated to pay child support, it is vital to make your payments in full and on time. Neglecting to pay child support or failing to meet your full child support payment requirements could lead to facing contempt of court. This is a serious situation that may result in jail time, depending on the severity of your nonpayment. Failure to pay child support as required under California state law can also lead to significant financial consequences like wage garnishment or liens against your property. It is also possible for a parent found in contempt of court for refusal to pay child support to face a loss of their professional licenses.
Failure to pay child support as required also damages your relationship with your children. Even if they are too young to fully grasp the situation, they will eventually learn that you failed to fulfill your financial obligations to them. Your nonpayment of child support will also make it very difficult for you to argue for increased custody rights in the future. Even if you feel that the court’s determinations for child custody and child support were one-sided or unfair, refusing to abide by the terms of your child support agreement is never a wise decision.
If you believe that your child support agreement is unfair or imbalanced in any way, call our firm. The best course of action is to continue making your payments as stipulated in the child support agreement while working with an experienced Upland child support attorney who can guide you through the post-judgment modification process. If you are able to produce clear evidence that your child support agreement is untenable or imbalanced, the court will take corrective action and adjust your child support terms accordingly.
Frequently Asked Questions About Child Support in California
The child support determination process can be a very complex legal matter. No two child support cases are the same, and it’s vital to understand the process, so you know what to expect in your own child support determination. Consider the following frequently asked questions and the answers our team has compiled so you can have a clearer understanding of how child support works in California:
Q: Do I still have to pay child support if I’m unmarried?
A: Yes. Your marital status is completely separate from your obligations as a parent. California handles child support determinations for married and unmarried parents along virtually identical lines. If anything, the legal proceedings related to your child support determination will be far less extensive if you are unmarried. Married parents will undergo a more extensive dissolution process, during which they must determine custody rights and child support terms.
Q: When will my child support determination go into effect?
A: The court will likely issue a temporary child support arrangement based on available evidence before your case actually concludes. In some cases, the amount you pay in temporary support will remain consistent following your child support agreement’s finalization. It is also possible for this amount to increase or decrease based on many different factors.
Q: How long will I have to pay child support?
A: The standard payment term for most child support agreements will last until the supported child reaches the age of 18. However, parents can negotiate child support agreements that last through a child’s college education. The court may require child support to continue after the child has technically reached adulthood. This is most common in cases pertaining to children with disabilities.
Q: Is my child support determination public record?
A: Legal proceedings pertaining to your child support case will enter the public record as they unfold in court. However, the exact details of your child support arrangement will remain confidential.
Q: What happens if a parent paying child support moves to another state?
A: Child support arrangements persist regardless of whether a paying parent remains in California or moves to another state. You can expect their new state’s family court to enforce your child support order even though it was finalized in California.
Q: Does my child support obligation automatically change when my income changes?
A: No. You must report changes in your income to the family court, and your coparent has the right to file a new stipulation in response to your change in income. Both parents have the legal right to request a review of their child support agreement in light of recent changes to either parent’s income.
Q: How long does a child support determination usually take?
A: Any family court case can take months or even years to reach a conclusion depending on how cooperative the parents are with one another and how many disputes they raise throughout their proceedings.
Q: What options do I have for completing child support payments?
A: There are many available options for paying child support. The California State Disbursement Unit is responsible for receiving payments and processing them to the appropriate recipients. It is also possible to arrange a private child support arrangement. If your payments process through the California SDU, you can complete payments with a credit card, cash, check, money order, or automatic deposit through your checking account or savings account.
Hopefully, these frequently asked questions and their respective answers help you understand the child support system in California. If you have further questions about child support in California and what you can expect in your own child support case, connect with an Upland child support lawyer as soon as possible. The right attorney can address your unique questions.
What to Expect From Your Upland Child Support Lawyer
It is always best to have reliable legal counsel on your side for any family law matter, especially one as impactful as a child support case. Your Upland, CA child support attorney will help you gather the evidence and documentation you need to provide the court with a complete and accurate disclosure of your financial status. Your attorney will also help you prepare for every required court date in your case, address unexpected variables that arise during your proceedings, and ultimately help you navigate the California child support system with greater confidence.
Building a strong rapport with an experienced Upland child support attorney can be a tremendous asset as it is very likely you will need to revisit your child support agreement in the future. If you must file a post-judgment motion for modification of your child support order or your child’s coparent files such a motion, call our firm. It is best to work with an experienced Upland child support lawyer who is already familiar with your case.
At the Law Office of Stephanie J. Squires, our team understands how important your child support agreement is to your children. Regardless of whether you expect to receive child support from your child’s coparent or will likely pay them child support, our team can help you handle the legal proceedings of your child support case with greater clarity and confidence. If you are ready to discuss your legal situation with a reliable and experienced Upland child support attorney, contact the Law Office of Stephanie J. Squires and arrange a complimentary case evaluation with our team.