Month: June 2021

The circumstances of your life are constantly changing, but that doesn’t mean your obligation to pay child support will. California requires both parents to help meet the financial needs of raising their child or children. So while changes in your income can alter your responsibility somewhat, you still need to go through the legal process to make it official and avoid punishment. But what can you do when you’re unemployed and have no income? 

At Azemika & Azemika Law, we specialize in many aspects of Kern County family law, including maintaining child support during difficult times. Because California courts make child support judgments in the best interest of the child, there are times when you may feel the amount you must pay is overwhelming or unrealistic. Thankfully, there are solutions available to ensure you keep making your payments on time—and we can help you sort through the options that best match your situation.

In this article, we’ll outline how different forms of unemployment can impact your child support obligations. We’ll also analyze how courts can calculate changes to your payment obligation should you find yourself unemployed. Then, with the help of an experienced family law attorney in Bakersfield, you can take the necessary steps to adjust your child support payments. 

Types of Unemployment

For child support, California considers three different types of unemployment:

• Voluntary unemployment, wherein a parent chooses not to work (or loses their job) but doesn’t seek new employment.
• Involuntary unemployment, where a parent loses their job through circumstances beyond their control and is unable to secure work despite their best efforts.
• Voluntary underemployment, which sees a parent choosing to work less or receiving total income less than they were when the judge issued the initial child support order.

A judge will look at your specific circumstances to determine whether or not an adjustment to your child support order is valid. Understandably, courts don’t view all cases with sympathy. For example, if you quit your job and opt not to look for a new job, that’s a personal decision within your control that will warrant an adjustment.

A judge is more likely to adjust if you can demonstrate that the reason for your job loss or underemployment wasn’t your choice. For example, suppose budget cuts resulted in your termination, and you have been diligently searching for a new job. In that case, it’s more likely that a judge will alter the original support order until you can find employment. However, if you were terminated due to poor performance or bad behavior and still can’t find a job, that’s not out of your control.

However, the circumstances of why you’re unemployed aren’t the only factor determining a change in a child support order. Besides investigating cases, California courts must decide what you should still pay, if anything, following state guidelines. To do this, they use imputed income to make a final calculation.

What Is Imputed Income?

Imputed income could be thought of as a baseline salary you could be making if you were still working full-time. However, rather than look at the job you previously held, courts usually use state or federal minimum wage guidelines to determine what you should continue paying. While this doesn’t altogether remove your child support responsibilities, it could reduce them considerably. 

Another purpose of imputed income is to punish parents who are acting in bad faith. For example, a parent who goes out of their way to get fired, or chooses to quit and not seek work, could be doing so intending to hurt their former spouse. Imputed income ensures they can’t weaponize unemployment against their ex-partner or their child.

Imputed income isn’t always used by courts when a parent is suffering hardships, however. For example, if you’re able to demonstrate that you’re putting in your best effort to secure work or have a valid reason for not seeking employment (like staying home to care for a loved one), imputed income likely won’t come into play. Instead, a judge may make a temporary change in your payments until you find work or can return to work.

What Counts As Income?

When they crafted your initial child support order, the courts looked at more than your employment wages to determine what you should pay. These revenue streams, such as stocks, bonds, and other investments, contributed to that final figure. So even when you’re unemployed, those additional revenue streams will still count towards your total income. 

That being the case, you may need to sell some assets to illustrate that you’re doing everything you can to meet your payment obligations, even if you aren’t actively earning an income from working. It’s a factor in showing that you’re doing everything to meet your obligations. However, this doesn’t apply to all assets, nor is it a steadfast rule.

You Can Count on Azemika Law

The complexities of child support laws can be overwhelming on their own, but meeting your responsibilities on top of unemployment can feel like an impossible task. However, how you try to solve the problem can significantly impact your future, so it’s best to work with Bakersfield’s best family law attorneys.

That’s where we come in.

At Azemika & Azemika Law, we have expertise in family law, including child support, child custody and visitation, father visitation, and divorce. Let us help you navigate these and other changes in your family life with compassion and understanding. Reach out to our office now to discuss your needs and learn what we can do for you.

Are you wondering if you can challenge paternity test results to determine if the results are accurate? The short answer is —  Yes. A paternity test is vital to establish who the true father is of a child. Once verified, it places legal rights and responsibilities on the individual to provide support and care for the child.  

There are different reasons why someone would want to establish or challenge paternity.

Before you begin, it is wise to research and choose solid legal support to help you gather evidence and build your case. Whether you are the mother or the presumed father who wants to explore the results of a paternity test, the outcome will have a significant effect on your life.

Going through the paternity process can be emotionally and mentally draining. Today, we will look into why establishing paternity is essential, the reasons one might want to challenge a paternity test, and how to challenge the results. We are here to help you navigate this complex issue and the family court system.

Why Establishing Paternity Is Important

In child custody cases, the outcome of a paternity test determines who will have input in raising a child, their daily life, schooling, medical decisions, and financial responsibility, which is excellent if you are the father and want shared custody. For a mother, paternity tests can help establish the right to financial support from the father and access to the crucial medical history of the father.

Perhaps a parent wants to collect support for a child, and you don’t believe it is your child. You don’t want the financial or legal responsibilities, you will need help challenging paternity.

Raising and being responsible for a child is a lifetime commitment. If you have a question, it is best to find out the truth sooner rather than later. If you are considering filing a paternity suit, here are some of the reasons why you may want or be able to take the next step.

Reasons To Challenge Paternity

While testing is primarily accurate, sometimes the results are wrong. Utilizing medical evidence in establishing the father of a child is normal, and here are the grounds for challenging the results are as follows:

• Lab results that are inconclusive or inaccurate
• Lab results are fraudulent because someone else went to the lab to take the test instead of the presumed father
• Presumed father provides proof of infertility or sterility
• Evidence that the results of the test were tampered with by someone
• Proof of infidelity in the marriage 
• To prove a child is yours in a child custody case
• To establish a child is not yours in a custody or support case
• To determine the child’s father for child support and to have access to the fathers medical history

If this sounds like you or someone you know, there may have grounds for a paternity suit. Protect your rights and privileges and the rights and privileges of the child you love.

Ways To Challenge Paternity

Establishing paternity and challenging paternity is done through very similar methods. State laws differ, so seeking local legal advice from an attorney is best to help navigate the complex state laws in family court.

Filing a complaint with the court is the first step. The court will likely order DNA tests for the child and the father to determine the actual father. The court allows the use of medical documents and blood tests as evidence. DNA is the most accurate way to determine paternity and is the final factor. Once a DNA test is complete, the court will officially establish who is the child’s father with a Declaration of Paternity.

Another thing that some states consider is the emotional and psychological impact on the child if a man has been considered their father for many years, which can make proving paternity more difficult.

We Can Help You Challenge Paternity

Determining if the evidence provided is sufficient to use in court to challenge paternity results is best done by an experienced attorney. You don’t have to navigate the legal challenges and the family court system alone. We have helped many people in your circumstances.

At Azemika & Azemika, we understand the complexities of state laws and the family court system. The issues that you are facing are emotionally, financially, and legally challenging. Our practice is exclusively devoted to the field of family law. As a result, we can handle cases involving divorce, dissolution of domestic partnerships, child custody, visitation, child and spousal support, paternity, abandonment, and adoptions. With efficiency and great attention to detail, our partners at Azemika & Azemika use our vast experience in family law to customize each case to our clients’ needs.

Contact us today for a consultation, and we will work with you to determine the best option for your future.