Child custody, support, and visitation issues are often make up a large part of the divorce process. The lawmakers in California believe that every child has the right to be financially supported by both parents, if possible. An experienced Bay Area child support attorney can assist you in making sense of how child support works in California.
Child support in California is determined by California Family Code 4055 – Statewide Uniform Guidelines for Determining Child Support. This code section takes into consideration things like gross income, payroll deductions, taxes, healthcare costs, percentage of custody, etc. when determining the amount of child support one parent should pay the other. The formula can be complicated by other factors such as child support to other children from a previous marriage, the value of a business, and other factors.
Child support in California follows a guideline for figuring out how much child support should be paid by one parent to the other. If the parents cannot agree on child support by themselves, the judge will decide the child support amount based on a guideline calculation. According to the family code, the guideline calculation is based on:
- How much money the parents earn or can earn;
- How much other income each parent receives;
- How many children these parents have together;
- How much time each parent spends with their children (time-share);
- The actual tax filing status of each parent;
- Support of children from other relationships;
- Health insurance expenses;
- Mandatory union dues;
- Mandatory retirement contributions;
- The cost of sharing daycare and uninsured health-care costs.
The child support order may also require the parents to share the costs for:
- Child care to allow the parent to work or to get training or schooling for work skills;
- Children’s reasonable health-care expenses;
- Traveling for visitation from 1 parent to another;
- Children’s educational needs; and
- Other special needs.
Throughout these kinds of cases, an experienced Bay Area child support attorney can work to get you and your family the best possible outcome with regard to child support. The Bay Area child support attorneys at Tierney Law Group, PC have the experience to help you handle the most complex child custody and child support issues. Our Bay Area family law attorneys understand your needs and will help you to craft and negotiate a parenting that suits your needs. If a child custody agreement cannot be reached out of court, we use our experience to help you fight for your rights and the best interest of your family in court.
Once a child support order or agreement is in place, the payment amount may be increased or decreased if certain new factors take place. If a parent’s earning ability or a child’s financial needs have changed, that may be enough to trigger a modification of the support order. As a general rule, child support obligations do not end, increase, or decrease, unless one parent or the other initiates action in Court by filing a motion or by reaching out to the State’s child support agency for modification of a child support order. If you are having any trouble with an Order for Child Support, or if you need a new Child Support Order, contact the attorneys at Tierney Law Group, PC to help you.
If you are seeking an increase in child support payments, or you need to decrease your child support obligation because of a job loss, disability, or other substantial change in circumstances, our experienced child attorneys can help you. At Tierney Law Group, PC, our Bay Area family law attorneys have extensive experience in cases involving child support and child support modification. Contact us today at 925-362-3364 for a consultation.
Katlin N. Law
Attorney at Tierney Law Group, PC