Child Support Lawyers Ventura, California
The family law attorneys at Land Legal Group have years of experience helping people address child support issues. Because California’s family law courts are busy, it’s common to only receive 30 minutes to present evidence during hearings addressing child support. As your lawyers, we will make sure that during this time, the court reviews an accurate picture of your financial situation.
Duty to Support Minor
Our lawyers understand the nuanced child support process and are prepared to work closely with you to make sure that the necessary information is considered. Our lawyers have a nuanced understanding of California Family Code section 3900, which states that parents have an obligation to support minor children in a manner that is suitable to the child’s circumstances.
Both parents in California have a duty to support minor children until they reach the age of eighteen. Additionally, courts can extend this requirement past the age of eighteen for special needs children. Additionally, all minor children of parents are owed a duty of support, despite the parents’ marital status and regardless of whether the child is biological offspring.
Situations that Require Child Support
In California family law courts, parents who are granted primary physical custody of the children often receive child support payments from the other parent. Some people believe that divorced parents who share custody evenly do not pay one another child support, but in reality, this is not always the case, particularly if one parent makes a substantial amount more than the other. In these situations, the parent who makes the higher income is sometimes required to pay the other parent, even if both parents share custody.
The Formula for Determining Child Support in California
When deciding child support, courts follow a state-wide formula that takes several elements into account which include both parents’ income, how much time each parent spends with the child and other factors.
This child support formula was created to lead to awards that reflect both parents’ standards of living. This means that the custodial parent sometimes indirectly benefits from child support. California law’s Family Code section 4053(f), notes that sometimes the standard of living at the custodial household sometimes improves as the result of child support meant to improve the lives of the children.
These guidelines exist to encourage fair as well as efficient settlements of disagreements between parents and also attempts to reduce the need for additional litigation. California case law has also stated that trial courts no longer have broad discretion in ordering child support.
Despite its purpose of acting as a state guideline, a substantial number of court cases are still heard each year addressing the amount of available income. Family law judges in California define income the same way as the federal government.
To avoid falling victim to an unfair legal order, our lawyers utilize all available discovery methods to obtain an accurate and reliable picture of the other parent’s income as well as their assets. In California child proceedings, parents have almost unlimited access to the other parent’s financial affairs. In these situations, however, you will still likely need the help of a skilled family law attorney who can perform discovery and help you research all of the available financial resources.
In accordance with California Family Code section 4057(a), the amount of child support that is assessed using guidelines is “presumed” to be the appropriate amount and courts can also order the guideline level of support unless good cause exists for ordering a different amount of support.
Even though the formula for deciding the amount of child support owed in California can be complex, various online tools exist to help determine support. One of the most common types of software utilized by family law attorneys is the “Dissomaster”. The State of California’s government site also provides a child support calculator, which is free of charge to use.
During the most contentious child support hearings, parents should remember to bring copies of all supporting documents that were relied on to determine income. Some of the most common types of documents that parents must bring include pay stubs, W-2 forms, tax returns, and income and expense declarations.
If you are currently proceeding through a divorce, you should understand that courts have the authority to mandate temporary child support during divorce proceedings. If you are concerned that your children are not receiving the correct amount of support, you should not hesitate to speak with a compassionate California family law attorney.
How a California Child Support Lawyer Can Help
California has strict guidelines for child support. Even if your child support case proceeds to court, the family law judge will rely on the same formula to determine the amount of child support that is owed. It’s a wise idea to obtain the assistance of a skilled family law attorney who can help you when child support payments are involved. With the assistance of a skilled family law attorney, you might be able to demonstrate extenuating factors to the court to make sure that you receive the maximum amount of child support that you are entitled to receive.
The child support that you receive should be fair and should make sure that your children enjoy the same or similar quality of life that they had before the divorce. Having a family law attorney on your side who can make sure that you receive the best possible outcome in your case can prove invaluable.
If you and your former partner can reach a child support resolution on your own, one of our family law attorneys can help you enter into an agreement that is in the best interest of your children. If both parents cannot agree on the terms of a child support arrangement, our lawyers are also prepared to represent you in family law court to make sure that your rights are fully protected. If you have a court order for child support and are not receiving payments in a timely manner or at all, we can also help you determine the best strategy for receiving the child support that your child deserves.
At Land Legal Group, our family law firm in Ventura, CA also focuses on the following practice areas:
- Same-Sex Divorce
- Child Custody
- Prenuptial Agreement
- Grandparents Rights
- Fathers Rights
- Domestic Violence
- Spousal Support
- Children’s Law
- Dependency Law
Contact Our Experienced Ventura Child Support Lawyer Today For a Free Consultation
Contact Land Legal Group today to schedule a free case evaluation. Our Ventura child support lawyers have substantial experience helping families obtain the child support they deserve. Navigating child support cases can be tough, but we can help you navigate this process. Call us now at (805) 696-2160.