Rancho Cucamonga Child Support Attorneys
Call (909) 992-0188 for Experienced Legal Help With Your Child Support Agreement
The attorneys at Family Law Advocacy Group are well-versed in handling
all types of child support matters. Whether you are looking to set up
a child support agreement as part of your divorce proceedings, enforce
an existing court order, or make modifications to a child support arrangement.
If you are looking to resolve any issues regarding child support, an understanding Rancho Cucamonga child support lawyer from our firm can protect your rights and fight for what is fair in your situation.
Contact our firm today at (909) 992-0188 to discuss your case during a FREE consultation.
What Factors Are Used To Determine Child Support?
In California, child support payments are calculated by a statutory formula that takes into account the income of the parents and the various expenses that come with raising a child. Parents can use the guideline calculator to decipher how much they will have to pay.
The most common factors involved in a child support decision include:
- The income of both parents
- The earning potential of each individual
- The cost of living for each parent
- The everyday costs of raising the child
- Any special needs or expenses of the child
In a traditional, litigated divorce, child support will be determined by the judge assigned to your case. The judge will typically order child support payments based on the formula, but ultimately its up to their discretion.
In a mediated or uncontested divorce case, you and your spouse will be making the decisions concerning child support, which is another one of the advantages of pursuing a collaborative divorce.
Does the Amount of Custody or Visitation Affect Child Support?
California's guideline formula for child support takes into account child custody and parenting time. Generally, the parent with more custody or parenting time will be spending more money on the raising of the child.
Your judge may, or may not, take parenting time into account when determining child support, so it's important to discuss your case with an experience child support attorney in Rancho Cucamonga who can fully explain your legal options.
How Long Do I Have to Pay Child Support?
Pursuant to Family Code Sections 3900 and 3901, the father and mother have a duty to support their child until they reach adulthood. Generally, this occurs at 18 years of age, although in some cases, payments can carry through 19 years of age. Child support terminates when a child marries, emancipates from the parents, or joins the military.
If a child has a disability or is incapacitated in some way, the judge may order child support payments after they reach adulthood.
Can Child Support Payments Be Modified?
There are several changes in the lives of the parents or children that may require modifications to an already existing child support agreement.
These changes can include, an increase in a parent's salary, a new marriage, relocations, or growing educational needs for a child can all be considered grounds for alterations to an agreement.
Having a Rancho Cucamonga child support lawyer by your side who can identify all of these aspects is crucial.
How Much Back Child Support is a Felony in California?
In California, back child support of $2,500 or more is a felony. This is known as willful nonsupport. In addition, the parent who owes the child support can be charged with a misdemeanor or a felony, depending on the amount of back child support.
If the parent is convicted of a felony, they could face up to two years in prison and a fine of up to $1,000. They could also lose their driver's license and be denied a passport.
The parent can also be ordered to pay restitution to the custodial parent for the amount of back child support.
A parent can raise a few defenses if they are charged with willful nonsupport. One reason is that they could not pay child support due to a lack of income. Another defense is that they made a good-faith effort to pay the child support. Still, they were unable to do so due to unforeseen circumstances.
Suppose you are facing charges of willful nonsupport. In that case, speaking with our child support attorney in Rancho Cucamonga is crucial. Our attorney can help you to understand the charges against you and to develop a defense.
The Counsel You Need to Achieve the Best Possible Outcome in Your Divorce
When people are upset, they are sometimes unable to look at the big picture and tend to focus on situations that may not be constructive to the issue at hand. This is one of the major reasons it is invaluable to have legal representation that will always keep your best interests in mind when there are decisions to be made.
If you are looking for help with child support issues, contact Family Law Advocacy Group today for qualified counsel from an award-winning advocate.