562-799-5503

562-799-5503

Seal Beach Child Support Lawyer

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Seal Beach Child Support Lawyer

Seal Beach Child Support Attorney

In California, both parents are legally obligated to financially support their children regardless of their marital status or if they even live with their children. In situations that require arranging child support, a monthly payment amount is determined by the judge who issues the child support order, based on a state-imposed guideline. While the process may seem fairly simple, child support cases are complicated legal matters, and many people need to hire an experienced family law attorney to help them navigate the process. You can reach out to Stacy Campuzano she can handle your case carefully and can guide you throughout the process. Read below for a summary of California’s child support requirements and guidelines which you need to understand from your child support attorney:

What Is Child Support? 

Child support is an ongoing payment ordered by a family law court that a parent must pay to cover the expense of raising a child after the end of a relationship. Payments are usually made monthly. Parents who divorce can request child support during the court proceedings to finalize the divorce. Parents who are not married can apply for child support orders in parentage cases. However, cases can also be opened with the California Department of Child Support Services outside of other legal matters. The Department is responsible for adjudicating the case and performing tasks including establishing parentage, locating parents, obtaining child support court orders and collecting payments.

How Are Child Support Payments Calculated? 

If parents cannot agree on a child support amount, the judge will determine the amount based on state calculation guidelines. To determine the amount, the judge will consider the net disposable income of each parent. The net amount is the parent’s income after taxes, mandatory dues and health premiums have been paid. The following wages are considered sources of income by California courts:
  • Employment wages
  • Disability benefits
  • Dividends
  • Rental property income
  • Self-employment earnings
  • Unemployment benefits
  • Workers’ compensation benefits
  • Social Security and pensions
Under the California Family Code, the income of each parent’s partner will not be considered when establishing child support amounts. The judge will, however, consider how much time each parent spends with the child. This concept is known as timeshare. While child support and child custody are two separate legal processes, child support calculations are partially determined by custody arrangements.  In essence, the less time a parent spends with a child, the more he or she may need to pay in child support.  The disparity between the parents’ incomes is also a consideration when calculating the payment amount. For example, if one parent earns $75,000 per year and the other parent makes $50,000, the parent with the higher income can expect to pay a higher amount.

What Expenses are Included in the Monthly Child Support Calculation?

There are two general categories of child support expenses that are considered by courts when calculating child support payments: mandatory and discretionary. Mandatory expenses must be covered by child support payments, while discretionary expenses can be ordered by the judge. Mandatory expenses include housing, food, clothing and basic education expenses. Other expenses that can be ordered to be paid through support payments by a judge include:
  • Childcare costs
  • Unpaid medical bills
  • Optional activities such as sports, tutoring and field trips
  • Travel expenses required for visitation
Discretionary expenses can include any costs that are deemed as reasonable and necessary by the judge.

How Is Child Support Enforced?

A wage assignment is a common tool used by the legal system to enforce child support orders. Using this method, the parent’s employer automatically deducts the support amount from his or her paycheck.  The court system then distributes the money to the intended recipient. Occasionally, wage assignments are ineffective because of unemployment or compliance issues. Other child support enforcement methods include:
  • Garnishing a bank account
  • Garnishing wages
  • Issuing a properly lien
  • Intercepting a tax refund
  • Suspending a driver’s or business license
  • Levying a personal injury settlement
  • Negatively impacting credit
A judge must order child support enforcement for any of the above actions to be taken. A parent will usually need to hire a child support lawyer attorney if child support enforcement is necessary.

How Long Does a Parent Have to Pay Child Support?

According to California law, court-ordered child support payments continue for a specified amount of time. In general, the child support payments should continue for an unmarried child who has attained the age of 18 years, is a full time student, and who is not self supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever first occurs. 

Once the child turns 19, even if they are still attending high school, support is no longer required. Support obligations also cease if a child gets married, passes away or joins the military. California courts often require both parents to continue supporting disabled children over the age of 18 who cannot financially support themselves.

Is Child Support Enforceable in Other Jurisdictions? 

Even if a non-custodial parent moves to another state, the child support order is still in effect. Collecting payments, however, may become more difficult because the parent is now in a new jurisdiction. The Revised Uniform Reciprocal Enforcement of Support Act was created to ensure the timely payment and collection of ordered child support payments. This law allows a support order to be upheld and enforced by a court in another jurisdiction.

Do I Need a Child Support Attorney?

Child Support Lawyer

Child support cases can be very complex, especially if you do not have an amicable relationship with your former partner. Because child support decisions are often made in tandem with child custody and visitation rulings, it is in your best interest to hire a lawyer who specializes in family law. Issues concerning your child are very important, and a licensed Orange County and LA County family law attorney will work to help you achieve the best possible outcome for your family.

Hiring a child support lawyer attorney can help you save time and money in your child support case. An attorney knows the legal formalities that must be completed, such as document preparation so the custody of your child can be determined as quickly as possible.

Contact Stacy Campuzano Today

If you are currently facing a child support issue and want the support of an experienced family law attorney, contact the Law Office of Stacy Campuzano today. Our legal professionals are experienced in all types of family law and provide representation that is effective and affordable. Contact us today at 562-799-5503 to make an appointment.

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