Child Support Attorney in Fresno

Helping You Provide for Your Children

It is no secret that children are expensive. From food and shelter to school clothes and sports equipment, children cost a lot. Both parents should be contributing to cover these costs. Ideally, each parent will contribute fairly to support the children they helped bring into the world without being ordered to do so. Sometimes, though, it is necessary to get the legal system involved in order for your children to get the financial support they are entitled to.

There are a lot of factors that go into a child support order from the court, including the income and living situations of each parent. Finding out what your children’s other parent makes or owns to determine a fair child support payment can be difficult, but a knowledgeable child support lawyer from Bains Law Offices in Fresno can do that legwork for you. Call our Fresno child support office today to get started on providing your children with all the support they need and deserve.

How Is the Amount of Child Support Determined in California?

Each parent has an equal obligation under the law to support their dependent children. The parents can agree on an amount they both think is reasonable, or they can rely on the court system to decide on what amount is fair. If the parents cannot agree on child support payments, the amount of the child support obligation is determined based on California guidelines for child support.

These calculations take into consideration things like how much each parent earns, how many children they have together, how much time the child or children spend with each parent and the tax-filing status of each parent. Also taken into consideration are costs for each parent, such as any support being paid for children from other relationships, mandatory union dues and retirement contributions, health insurance costs, and the costs of shared uninsured medical expenses, among other factors.

Once the child support obligation amount is calculated, it is put into a court order to ensure it’s legally enforceable. If either side believes that the amount is not reflective of the children’s needs or isn’t based on accurate data, they can request that a judge review the support order to see if changes should be made.

How Do You Establish a Child Support Order If You Weren’t Married?

Child support orders are automatically created as part of a divorce if the parties still have minor children. However, if the parents weren’t married, one or both parties will need to request that child support be ordered when the relationship ends. This is the same for child custody. As part of this process, paternity will need to be legally determined to establish legal parentage, which is required before a child support order can be enacted.

It’s not uncommon for one or both parents to be uncooperative in this process, particularly if they believe that they are going to be ordered to pay child support. An attorney can guide you through the process of filing a request for a child support order and ensure that the other parent complies with their legal obligation to support their child. You may need assistance in locating the other parent or ensuring that the income information they provide is accurate. If you have reason to believe that your ex is working under the table or isn’t reporting all of their income in an attempt to evade child support, our attorneys can help with that.

How Does Child Custody Affect Child Support?

Child custody and child support are treated as separate issues in the family court system. It’s a common myth that if you aren’t seeking custody or visitation that you can’t be ordered to pay child support, but this isn’t true. The state recognizes that every legal parent has an obligation to financially support their child regardless of their relationship with the other parent or the child or how much they see them. Similarly, you can’t be kept from seeing your child if you are behind on your child support payments.

The only time that child custody affects child support is when the amount of the obligation is determined. If the parents do not have equal parenting time with the children, the parent who has the least amount of parenting time generally pays the other child support. This is because it’s assumed that the parent who has more time with the children is also spending more on their needs.

If you have questions about how child custody or parenting time can impact your child support obligations or how much you receive from the other parent, call the team at Bains Law Offices. We can help you understand how much child support you could get and whether you have any special circumstances that could result in a variance from the basic child support calculations.

What Happens If a Parent Falls Behind on Child Support Payments?

In California, interest is charged on any child support payments that are in arrears. If a parent is court-ordered to pay support and does not, that parent’s wages can be garnished to pay off the unpaid amount and future payments. This may mean that the monthly amount deducted from the payment will be higher than the regular monthly child support payment in order to pay off the amount owed. Interest continues to accrue, even if the parent is making payments to take care of the back child support owed, known as arrears.

In cases where the obligor is more than 30 days behind on their support payments, child support enforcement procedures can be enacted. If a parent has the ability to pay court-ordered child support but refuses to, he or she can be held in contempt of court. This can have serious consequences, including fines and even the possibility of jail time. They can also have their driver’s license suspended, as well as any recreational licenses, such as a hunting or fishing license.

If a parent fails to pay child support and the arrears balance exceeds $2,500, the person cannot renew their passport or get a new one. In severe cases, child support laws allow for liens to be placed on the parent’s property, such as a home or vehicle, or for bank assets or tax refunds to be seized.

Some of these enforcement procedures are automatic, but others require you to request them through California Child Support Services or the court system. An attorney can help you with this process.

How Long Does Child Support Last?

Typically, child support ends when a child turns 19 or leaves high school, whichever comes first. Parents can agree to continue child support longer than this, such as to share college costs. The court may require child support for a longer period if a child is disabled or cannot live independently and support himself or herself. Child support will end early if the child marries or registers a domestic partnership, joins the military, becomes legally emancipated from the parents, or dies.

It is important to have strong Fresno child support legal advice before agreeing to child support terms with the other parent of your child or children. Without it, you may end up agreeing to less than your children deserve, and you could neglect to think far enough in advance to consider things like college costs. One of the skilled child support attorneys in Fresno from Bains Law Offices will help you to get both the short-term and long-term support your children need. Call us today at 559-282-8924.

What Happens If My Financial Situation or Time With My Child Changes?

If one parent or the other has a significant change in financial circumstances, whether for the better or for the worse, or if each parent’s time spent with the child or children changes significantly, a child support modification can be obtained through the court system. The court will consider the new information and make a determination based mainly on the financial means of each parent and the time the child spends in each home.

Support payments can go up or down depending on this information. If you are the parent paying support, your child support obligations do not change until the court orders a change. For example, if you lose your job but do not get a court-ordered change in your payment obligation until 6 months later, you will still owe the original amount of child support for those 6 months. The change begins with the court order, not with the change in circumstances. Solid Fresno child support legal counsel can help you through the process of modifying a child support order.

The first step in requesting a child support modification is generally to ask the local child support agency through California Child Support Services to review your case. In most cases, you will need a reason for the review, such as being laid off from your job or having a substantial change in income. However, it’s possible to ask for a review without a compelling reason if it has been at least three years since the last one.

For the review to result in a change to child support, the obligation amount usually needs to change by either 20 percent or $50, whichever is less. For example, if the existing child support order was for $200 a month, the review would need to find that the obligation went up or down by at least $40 to actually change the order. If either parent disagrees with the results of the review, they have the option to go to court to have the judge review it. In most cases, you will need a clear reason why the child support agency’s decision was inaccurate, such as it failed to factor in special expenses related to the child’s medical care.

It’s always important to talk with an attorney before asking for a child support review. It’s not uncommon for a parent to request a review, thinking that their child support obligation will decrease, only for it to actually increase after the review. Consulting with an attorney beforehand can help you better predict what might happen with the order and whether you have any alternative options. For example, child support can be changed without having to have a case review if both parents agree. In this case, either parent can file a stipulated agreement with the court.

Why Do You Need an Attorney to Help With Child Support Cases?

Child support is an important part of ensuring that both parents are providing the financial support children need to be well taken care of. However, the laws governing it can be complex, and each family has different circumstances. Family law attorneys in Fresno have extensive experience with California’s child support laws and applying them to various situations, which ensures you’re aware of your rights and know what to expect from the process.

For example, it’s common for parents to believe that child support will not be ordered if they have shared parenting and roughly equal time with the children. This isn’t always the case. An attorney can ensure that your children get the support that they deserve or that what you’re paying in child support is fair and appropriate for the circumstances.

When you have questions about how child support works in California or need to modify or enforce a child support order, the first step is always to talk to an attorney. The attorneys at Bains Law Offices understand that child support is an important part of being able to care for your child and ensure they have what they need. Call our Fresno law office at 559-282-8924 to schedule an appointment to discuss your child support case and next steps.