A California Court of Appeals has ruled that a Trial Court was not wrong by deciding that a lender had not written-off the balance of
CHILD SUPPORT ATTORNEYS
Child Support refers to the monthly payment made in order to offset the costs in raising a child. Usually, the “custodial parent,” or the parent who has sole physical custody, receives child support, as the law generally assumes that the payment is being used directly for the child. Usually, the “non-custodial” parent makes the child support payments, but the court may sometimes order both parents to pay child support.
Parents may agree to pay more, or in some limited cases, pay less, but the court must approve the amount. A parent cannot refuse to pay child support by refusing to work or to work less in order to pay less. The court may “impute” a parent’s income by ordering a parent to pay the amount they should be making based on their employment history, education, and training. It is the state’s intent to hold a deadbeat parent accountable, rather than punish a parent who decides to stay home with the children.
In California, there is a guideline to determine if and how much child support must be paid by one parent to another. California child support calculations involve many different factors. Some common and important factors to consider are:
– How many children are entitled to support
– How much time each parent is spending with the child
– Amount of money each parent earns or is capable of earning
– Amount of time spent with the child
– Any hardships that justify deviating from a child support order
Typically, a parent must pay child support until the child is 18, unless the child is still enrolled in high school and still living with a parent. A child support period may be shortened under circumstances, like the child becomes married or registers in a domestic partnership, joins the military, or becomes self supporting. Child support may be lengthened if a parent agrees to a longer support period, or if the child is unable to self support because of a disability.
Having an adequate yet affordable plan for child support is critical. Our law partners at Azemika & Azemika help you understand these guidelines and how they apply to your situation.
Contact An Experienced Kern County Child Custody and Child Support Attorney
For comprehensive representation in any Child Custody and Child Support matter, call Azemika & Azemika Law. We will fight for and protect you and your family during the separation and divorce process. Contact us today online or by phone 661-322-8166 to arrange an initial consultation with our attorneys.
FAQs About Child Support
First, you or your spouse must be a resident of California for at least six months, and be a resident of the county you’re filing in three months in the county you’re filing in, before filing a dissolution of marriage. Once you file for divorce and serve the divorce petition to your spouse, you will have to wait about six months for your divorce to finalize.
Any property that qualifies as community property will be divided between both parties. However, any property that a spouse acquired before marriage or domestic partnership is considered separate property, and legally belongs to that spouse. Sometimes, these two can become intertwined, or commingled. With acute attention to detail, our divorce attorneys can help you sort out and protect your financial assets.
There are a variety of factors that the court must take in before deciding if spousal support should be awarded. Some factors include a spouse’s earning capacity, spouse’s standard of living established during marriage, age and health of the spouse, and whether there are children to support as well. A qualified attorney can help answer these questions for you in-depth and protect your interests.
In custody cases, the court does not let the child choose whom he or she lives with. The court may take the child’s wishes into consideration if the child is “of sufficient age and capacity to reason.” If willing, children aged 14 and older may express their opinions concerning child custody, but the court is not required to follow their wishes.
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