National City Child Support Attorney
The law aims to protect the good life of every American child. It covers children’s rights to basic needs, such as food, shelter, clothing, education, and opportunities for self-actualization and success later in life. A major factor in providing these resources is, of course, the financial provisions that their parents are legally required to provide until they are of legal age.
The situation will definitely become more complicated if parents get involved in a divorce or legal separation. The same complexity can be seen if the parents are not legally married. In such cases, custody law is applied. One parent will be in charge of taking care of the daily needs and upbringing of the child, while the other is expected to provide financial support, legally known as child support. There are cases of amiable separation where the parents by themselves can harmoniously agree on how they will separate their responsibilities to their children. But since most couples cannot do this, the courts intervene and make sure the legal arrangements between them prioritize the well-being of the child or children involved.
If you need a National City, CA child support expert that you know you can trust for the safety, welfare, and development of your children as protected by the law, Marc Shular Law is here for you. Our legal team and attorneys have tons of experience in this field. Regardless of the complexity of your situation, rest assured that we will do our best to assert to the court the best child support arrangements possible as needed by your kid. With both competence and compassion, we will help you get the best of what the law can do to help raise your children despite a divorce situation.
Call Marc Shular Law today at (858) 330-3519 for your Free Consultation with a National City Child Support lawyer!
Child Support Policy in California
The California Family Code, §§4050 to 4076 provides the legal basis for the establishment of child support laws. These sections list instructions on how to determine the right amounts and terms of child support arrangements with the involved child or children’s interests as the central goal.
Family Code Section 4055 provides a detailed formula on how to attain the legally demanded amount of child support. And according to Section 4057, this is assumed to be the best course of action unless either party can properly appeal for a different amount based on valid reasons.
The aforementioned sections talk about the basic guideline amount. But for the best interests of the child, the court can order a parent to provide for other expenses, such as uninsured health expenses, education and training, and other special reasons depending on the needs of the kid. Typically, the court requires both parents to provide equally for these special expenses. But the law also provides specific rules in cases wherein the best course of action is for one parent to provide more financial support.
It is understandable and common to find all these rules overwhelming. This is why you need the help of a National City child support attorney from Marc Shular Law. With other years of experience and dedication to helping our clients achieve the best legal arrangements for their children, you won’t have to worry about getting the laws right or not understanding them completely. We are here to help you throughout the entire process as you make the best possible decisions for your kid.
Child Support Calculation
Emotional support is not the only responsibility of parents to their children. Regardless of the situations of residence or marriage of the parents of the child, they both cannot avoid their financial responsibility to the kid; because it is through the financial provisions they provide that the child can best achieve the best life possible as protected by our laws.
The law provides three ways for parents to obtain a court-ordered child support arrangement: (1) applying through the court’s website and filing child support forms, (2) requesting the California Department of Child Support Services to open a child support case for them, or (3) getting the help of a lawyer to file a child support petition to the court.
How, in particular, does the court determine the amount of child support either parent must provide? The law provides a computation guide that the court can use. It instructs to assess a few main factors, including the parents’ total regular income, their net income, and the total amount of their monthly disposable income. Typically, one parent is expected to pay more than the other for particular reasons, such as when the parent has a significantly higher regular income or is planning to spend significantly less time with the child.
Of course, if the child has special needs or if the parents’ financial situations are quite challenged, the court will take these facts into consideration and make sure that the child support arrangement is completely fair. Sometimes, the court would require extra payments depending on special factors. There are also cases wherein the parents can just agree on a certain child support deal by themselves, and the court will just allow it.
Monthly child support provisions are commonly made through one of the following means: cash, direct deposit, check, or Venmo. For any further concerns and questions you have regarding child support, all you need is a National City child support lawyer from Marc Shular Law, and all your concerns will be addressed easily and completely.
Child Support Enforcement
Child support enforcement is needed when a parent is being uncooperative regarding the child support terms ordered by the court, typically due to failing to meet payment deadlines.
To enforce payment of child support, the court can firstly hold the delinquent parent in contempt, which can either be civil or criminal, leading to fines or jail time. The parent held in contempt and jailed will only be released after paying for the proper amount of child support.
Whether the contempt is civil or criminal, the court can impose additional penalties. Note, however, that once the delinquent parent refuses or fails to pay for child support, the other parent has three years to file for contempt action for nonpayment of support. If despite this court order, the other parent continues to fail in providing financial assistance, the contempt filing must be done every three years until the matter is settled.
The court may also resort to imposing penalties during court hearings to force the other parent to pay for child support, especially if the issue is not in the capability to pay. Options include wage garnishment, fines of up to a thousand dollars, or paying for expenses paid for by the other parent during the proceedings.
Once the parent has been uncooperative or unable to pay, you can call us immediately. Our National City child support experts can immediately file in court a child support enforcement case, making sure no time is wasted. We can do the work efficiently whether we will be filing for contempt or fines. We can also aid you in seeking help from the Department of Child Support Services.
Additional Penalties for Nonpayment of Child Support
Because the court analyzes the financial capacities of both parents before finalizing child support arrangements, enforcement is not the only repercussion of failing to pay for child support. One example is when the Department of Motor Vehicles intervenes and refuses to issue or renew a person’s driver’s license if they are 30 days late to pay the child support. With only a temporary license on hand, the parent can only retrieve regular license status by catching up with their child support duties. What’s uglier is that the parent’s license will be completely revoked if they are behind by 120 days with their child support order.
Another harsh repercussion of failing to pay for child support on time is having the late-payment status on the record and sent to credit reporting agencies, negatively affecting the credit history of the parent. As a result, they will have significant disadvantages in acquiring loans and other financial services.
Child Support Modification
Child support arrangements can be changed. Of course, in situations like job loss or medical emergencies, we cannot fault parents for failing to provide financial assistance to their children. In such cases, child support modification is recommended to be filed in court.
Aside from unexpected, financially damaging situations, there are many valid reasons why the court may allow a modification of child support arrangements. If the custodial parent is planning to relocate, if changes to the visitation arrangements will be imposed, if the child has incurred special needs, or if the other parent is bound to have another child with another partner, the court can allow changes to the original terms of child support while also still considering the financial capabilities of each parent and time-sharing setups.
There are also cases wherein the amount of child support increases despite the other parent losing a job or incurring a lower income. This depends on certain special circumstances of the other parent or time-sharing factors.
Whatever kind of legal endeavor you have regarding your National City child support case, Marc Shular Law is here to provide every legal service you need with top-notch excellence and real compassion for the welfare of your child. From modifications to enforcements, we will not be hindered by how complex your situation is or how difficult it is to get the other parent to cooperate. Let us be your partner in these trying times, as we guarantee that we will do everything we can to achieve the best results for you.
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More than the emotional, physical, and moral support that parents readily provide for their children, financial provision is as vital as these things, especially in today’s economy. These monetary resources are what they need to make sure every opportunity for a good life is available to them.
With Marc Shular Law by your side, your National City child support situation will be much easier. From skillfully representing you in court to devising the best legal solutions, we will do everything we can to make sure your child gets the best legal protection for their financial needs as provided by our child support laws.
Call Marc Shular Law today at (858) 330-3519 for your Free Consultation with a National City Child Support lawyer!