Long Beach Child Support Lawyer
Practice Areas
Long Beach Child Support Attorney
Having a child is a huge undertaking, especially from a financial standpoint. If you are tasked as the sole caretaker for your child, the financial support needed to pay for them may be too much to handle alone. The system of child support outlined by law helps to make up this financial difference, allowing you to feel financially stable while raising a child. In the Long Beach area, our skilled child support attorneys at the Law Office of Stacy L. Campuzano can provide the legal support you need to establish the best child support plan for your child.
What Is Child Support?
Creating a child is a shared endeavor, especially in the context of supporting that child. A parent who does not have assigned custodianship of their children must make regular child support payments to help with the financial maintenance of any shared child or children. These payments are intended to compensate for the lack of direct, hands-on decision-making the non-custodial parent has in their child’s life. The determining process for these payments relies on state-level statutes, including standards for ensuring that these payments are enforced and made based on court-determined agreements.
The primary purpose of child support is to assist in the financial stability of a shared child, and these expenses can vary from case to case. For example, if a child requires intensive medical care for an ongoing medical condition, these costs are factored into the total cost of support for each month. Similarly, education costs associated with children attending private school or tuition-based education can be considered a part of the monthly expenses needed to support the child.
How Is Child Support Calculated?
Child support is calculated as CS = K (HN-(H%)(TN)), where each letter represents a different income-based factor used to calculate the total cost of raising a child. The first letter, CS, represents the total amount of child support the calculation has determined. This establishes the monthly payments. HN stands for “high net,” which refers to the amount of discretionary money held by the higher-earning spouse that can be used for these payments. K is equal to the entire amount of both parents’ income that must be used for child support, including any medical expenses, school costs, etc. According to the custody arrangement between the two spouses, H% is the percentage of time that the spouse with a higher income spends with their child or children, and TN is the total net income of both parents.
For those with multiple children, it may seem like this determined amount should be multiplied by the number of shared children you have with another person. However, California guidelines outline a specific set of multipliers to use in situations involving more than one child. For two children, the final CS amount from the above equation is multiplied by 1.6 to reach the amount needed to cover both children. CS is multiplied by 2 for three children, for four children it is 2.3 times CS, and for five children it is multiplied by 2.5. California Family Code § 4055(b)(4) (2022) can provide a full breakdown of these multipliers for child support agreements, including up to ten shared children.
What Situations Lead to Child Support Arrangements?
As with all other legal arrangements, the circumstances leading to your case can vary based on what factors are present in each case. In terms of child support, the welfare of the child or children involved is the biggest determining factor for support payments, and the court must determine the best course of action to protect that child’s welfare. Some of the most common court issues that lead to child support payments include:
- Divorce: Divorce is an extremely common reason for requesting child support and is typically the main explanation for child support agreements. Parents that raise a child on a shared income can pool their money to support that child. However, in situations where these couples split and have a different caretaking situation, redefining how that income stream can support a child is a necessary next step.
- Child Custody Agreements: Going hand in hand with divorce, child custody agreements will usually outline a system of payments that follows a specific support system. For example, if a custody agreement determines that a custodial parent receives 70% of that child’s time, the parent has 30% visitation and will pay child support. Even though divorce and child custody are considered to be connected, custody arrangements do not need to come from divorce settlements, and previously unmarried parents can still enter into child support agreements.
- Paternity Test Results: In some situations, paternity testing may be necessary to determine the father of a child, resulting in legally recognized parental rights over a child. From there, arranging a custody agreement between both parents is necessary for determining who pays support as well as which parent is chosen to be the child’s primary caretaker.
- Re-evaluation of previous custody arrangements: Unfortunately, problems can arise that will change previously set forth custody agreements. If a custodial parent is unable to properly care for a child, or if that parent happens to pass away, child support payment plans can change or be completely removed.
The purpose of child support payments is to benefit the welfare of the child, so regardless of the starting situation, the court’s reason for assigning these payments is to best support the children of these arrangements. The factors that go into deciding a divorce, custody arrangement, and paternity test all revolve around the rights of the child, and in most situations, these agreements include child support.
How Long Does a Father Have to Pay Child Support?
Determining how long child support payments last ultimately depends on the age of the child. California law dictates that children can receive child support up to the age of eighteen but may receive child support until they graduate from high school, whichever comes first. For example, if your child turns eighteen but has not graduated from high school, child support payments can continue until that child either turns nineteen or graduates. In some scenarios, back pay can be awarded to parents if a child’s non-custodial parent has refused multiple requests to pay child support.
Although the stereotype of absent fathers is at the front of typical child support agreements, mothers can be made to pay child support payments as well. Depending on who has primary custody of the child, as well as who makes the most money out of both parents, the child support system can be modified to make either parent liable for monthly payments. Any decision made by the court is made to support the child in question, using data from both parents to establish a final say in these decisions. The court’s last resort in these decisions is to fine the delinquent parent as a form of support enforcement, using the funds from these fines to issue back payment.
What Is Retroactive Child Support?
When the court orders child support to be paid by a non-custodial parent, that parent is required to make monthly payments in full, usually as automatic deductions from a paycheck. The court keeps track of payments and labels any months where a parent does not make the whole amount due or only makes a partial payment as “arrears.” The other parent or the court may ask the non-compliant parent to appear at a “show cause” hearing where the parent is required to defend the nonpayment of “back child support” or arrears, outlined in California Family Code 4000. Depending on the circumstances behind the lack of payments, the court can decide whether to pursue harsher legal action.
Although you can ask for retroactive child support, the court will only compute it as of the date the other parent was legally determined to be the non-custodial parent with your divorce or child support petition as outlined in California Family Code 4009. For instance, if you are asking for child support in California for the years 2017 through 2020, the court will take both parents’ salaries throughout that time into account to calculate that back payment amount. The only time new income is relevant is when the court determines a new support order, even if one parent is currently making much more than they did in 2017. The court may consider a parent’s contributions to the child’s upbringing, such as paying for the child’s medical bills or other costs. According to the law, the judge must give a reason for departing from the result of the guideline calculation, outlining how and why these payments are to be different than previously determined.
Can You Negotiate Child Support in Long Beach, California?
Although child support payments may seem binding, a change in circumstances for both parents can lead to a renegotiation of child support standards in Long Beach. For example, if one parent tied to a child support payment plan gets a better-paying job, and can afford to make higher monthly payments, the custodial parent of that child can request that this pay increase be worked into a new child support agreement. On the other hand, if one parent loses their job, or has to take a demotion, this lowered pay rate can be worked into a child support plan as well.
Parents can be held legally responsible for their conduct if they blatantly refuse to pay child support for their child in defiance of a court order. This is known as “delinquent parenting.” If you submit a complaint about a parent that refuses to pay child support, the court will convene a hearing on your behalf to decide the consequences of the refusal to pay these monthly payments. At this hearing, the parent must either demonstrate their inability to pay or justify their open refusal to do so. If the court finds that the non-paying parent did so voluntarily, the judge may impose a variety of sanctions that can vary in length and severity, ranging from asset seizure to jail time.
How Much Does a Child Support Lawyer Cost?
Are Child Support Payments Always Necessary?
When to Hire a Child Support Attorney in Long beach, CA
Raising a child is a very large undertaking, especially as a single parent. For some family dynamics, the lifeline of child support payments may be necessary for overall financial stability, and ensuring this support is critical. At the Law Office of Stacy L. Campuzano, our talented team of family law specialists can address any child support matters, helping you receive the support you need. For more information on our services, including directions to our Long Beach office, visit our website and contact us today.
