Child support is an extremely important financial obligation that is often determined after two individuals decide to divorce. It helps to ensure that any children impacted by the split can receive the same level of care and resources they need afterward. This is especially true in California, where the state requires both parents to contribute to a child’s upbringing. If this is something you are currently pursuing, a Norco child support lawyer can help.
At Najera Law Group, APC, our legal team understands the pressure divorcing parents feel as they attempt to do what is right for their family. We can help you through the entire divorce process to ensure your child’s needs are identified and financially supported in the final outcome, and as your Norco family lawyer, we will ensure that this is balanced with what you and your ex-spouse need to move forward.
If you’re navigating the legal system, we can fight to protect your interests. Call (951) 821-4647 to schedule a free consultation. Se habla español.
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Our attorneys have collectively tried more than 250 jury trials and thousands of non-jury trials, contested hearings, and courtroom proceedings in Family Law, Probate, Civil Litigation, Tax, and Criminal Law. That experience shapes how we evaluate cases, counsel our clients, and fight for results.
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What Factors Play a Role in Determining Child Support in California?
Determining how much child support payments should be varies by case. Some of the most common factors reviewed that will impact the settlement include each parent’s income, custody and parenting time, the number of children, and any ongoing medical expenses.
Parent’s Income
One of the first items your attorney and the courts evaluate is how much money each parent makes. They are trying to determine if there is a significant financial gap between incomes when both parents are on their own. If there is a financial disparity, the court may use child support to make up for the difference. To adequately assess each parent’s annual income, the court can take into consideration:
Regular earnings, including hourly wages, salaries, and overtime pay
All bonuses, commissions, or freelance work completed on the side
Self-employment earnings, business profits, and independent contractor payments
Unemployment, disability, or workers’ compensation benefits
Rental property income, stock dividends and other investment returns
Pensions and social security benefits
Custody and Parenting Time
How much time each parent spends with a child may also have an impact on whether child support is necessary or not. Generally, if one parent has a child custody the majority of the time after a divorce, they are the likely candidate to receive child support payments. This is because the more time they spend with the child, the more the financial burden rests with them to cover a child’s basic financial necessities.
Number of Children
A divorced parent’s child support obligations can increase with the number of children they have. To ensure the level of support is always fair and efficient, California uses a tiered approach to make this calculation. It essentially recognizes that while it’s true having more kids can be more expensive, it takes into account that some expenses, like a mortgage and car payment, do not increase just because you have multiple children.
Health Insurance and Medical Expenses
Biological parents are required to pay for their children’s healthcare. Because of this, a child support order must account for the cost of a child’s health insurance as long as it is available through either parent’s employer. In addition to insurance premiums, parents might also need to share the costs of:
Co-pays, deductibles, and prescriptions
Dental and vision care
Uninsured medical expenses, such as physical therapy or counseling
Any special medical equipment or treatments for a unique or chronic condition
When one parent pays for a child’s health insurance, the cost of the premium may be deducted from their gross income when the court is calculating how much child support payments should be. Working with an attorney can ensure appropriate considerations such as this are being made without overbearing either parent financially.
FAQs
Q: How Much Is a Child Support Lawyer in California?
A: The total cost to hire a child support lawyer may depend on the specifics of your case and how many years of experience the lawyer has. More complicated cases may take more time to resolve, which generates more legal fees. However, the upfront legal expenses can yield a strong return on investment if the lawyer secures your optimal outcome. To understand the potential cost of hiring a lawyer, you should discuss fees at your first consultation with the attorney.
Q: Should I Get a Lawyer for a Child Support Review?
A: It can be extremely beneficial to hire a lawyer in Norco for a child support review, especially if you have experienced a significant change in your financial circumstances. A lawyer can help you gather necessary documentation to prove your change in income or new expense that now needs to be factored in.
If the other parent contests your request to modify an existing order, it’s important to have legal representation to combat any misguided attempts to thwart the request.
Q: Can You Challenge a Child Support Order?
A: Parents are welcome to challenge a child support order in court that they believe has been unfairly calculated or enforced based on inaccurate financial information. If you think this is true in your case, you can work with a lawyer to request a hearing to correct the outstanding issue. In cases where a parent might feel the support order is unmanageable, they may petition the court for a modification rather than starting a formal claim.
Q: How to Win a Child Support Case as a Father in California?
A: To successfully win a child support case as a father, you need to present your annual income and involvement in a child’s life. If you are seeking to lower an initial child support figure, you need to provide clear proof of income and living expenses to demonstrate that what was originally decided would not be sustainable for you. If you seeking great support, you should show how you’ve experienced a change in income or in expenses for the child.
Contact Najera Law Group, APC, Today
If you have an active child support order that needs modified or you are looking to get started on a new one, contact our firm today. We have been helping families just like yours navigate the next steps after divorce and can stand by your side to achieve a result that balances everyone’s needs.
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