Child Custody Lawyer in Aliso Viejo for Orange County Family Law Issues
Aliso Viejo Child support payments are a court-ordered sum that the non-custodial parent should pay to the custodial parent to cover a proportionate sum of the children’s costs, which includes housing and utilities, food, clothing, education fees, and other costs. Both the parents have got a duty to support their kids, before and after a divorce. State laws and regulations vary greatly about exactly how the courts calculate child support payment, and child support orders may be modified only by another court order. Our Aliso Viejo child support lawyers can respond to just about any child support payment important questions, including the tight adherence to child support guidelines.
Exactly how is child support established?
Several states can vary in their Child Support requirements. Each state has different established minimum amounts of child support. Different state courts have established guidelines for awards of child support above the statutory minimums.
In determining a Child Support “guideline”, it is actually established by calculating the minimum sum of Aliso Viejo child support that should be given by a parent, the law directs the judge to first add up the entire net monthly incomes of both parents.
Then, the judge needs to compute the percentage of that income that is being made by the non-custodial parent. That amount is multiplied by the appropriate level of welfare payments for the number of children in the household.
The result of this calculation is the minimum child support. It must be understood that in the great majority of cases, the legal court orders child support higher than the minimum level, as determined by local support guidelines.
The majority of child support is given under the Child Support Guideline. This guideline uses a complicated mathematical formula. The truth is, computer programs should be used to determine child support under the guideline.
Just how long is Aliso Viejo child support supposed to be paid?
Child support must be paid up until the child gets to be 18, unless the child has not yet managed to graduate through high school. If the child hasn’t graduated high school the child support goes on until the child has graduated high school or turns into 19, whichever happens first.
Now, the law doesn’t give judges the authority to compel a parent to support a child past the age of 19, except when the child is physically or mentally disabled.
Even so, the parents can come to an agreement that child support is to go on into the college years, and this sort of an agreement will be enforced by the Family Law Court.
How is child support supposed to be paid?
Except if the custodial parent agrees otherwise, all child support shall be paid by a wage assignment. It means that the child support payments should be deducted out of the wages of the parent who is obligated to pay child support.
How is child support calculated?
Several states have a statewide formula (called a guideline) for finding out how much child support should be paid. If perhaps the parents can’t agree on child support, the judge is going to decide the child support sum based on the guideline computation.
Items which might be very important to your state’s child support calculation may include:
- Parents’ incomes
- Parents’ assets (property, investments and so forth)
- Child’s medical expenses
- Daycare costs
- Time child spends with the non-custodial parent
- Children’s ages
- Child support or alimony from a prior marriage
- Insurance costs
Child support Aliso Viejo could also include the cost of special needs such as:
- Traveling for visitation from one parent to another
- Educational expenses
- Other special needs
Am I allowed to receive child support for the time prior to the child support order?
If you don’t collect public assistance, you could get child support right from the day that you filed your case asking for child support. To have support from this date, you have to serve the other parent within three months after you file your case.
The judge may also grant child support starting from the date of the hearing, the date the other parent was served, or another date depending on the specifics in the case.
Aliso Viejo Child Support Attorneys
Each and every parent has got a responsibility to provide for the good care of his or her child. Aliso Viejo Child support is actually a court-ordered financial payment from one or both parents to provide financial support to their children’s living expenses and healthcare costs. Child support payments can be a difficult issue and they are usually an origin of conflict over cases of divorce.
Whether you are having trouble receiving child support payments from the other parent of your kid or perhaps you have been ordered to pay an unfair amount, the Aliso Viejo child support attorneys at our firm can help you. Phone our offices right now to consult with an attorney today.
Child Support Cases Aliso Viejo We Deal with
All of us comprehend the frustration of deciding fair child support payments in addition to getting those payments from the child’s parent. We’ll help you with numerous child support problems, including those related to:
- Changes to Support Agreements
- Enforcing Support Agreements
Determining a sensible child support agreement is very hard. Even after a payment amount was established, some parents are reluctant to pay out what they have been required to pay. If you’re going through any complications linked to child support payments, you deserve expert legal help. Our Aliso Viejo child support lawyers will fight to assist you get the child support agreement you need.
By definition, Aliso Viejo Child Support is the obligation to make payments for the financial care and support of the child during and after a separation or divorce. Usually, the non-custodial parent pays the custodial parent. A father can be required to pay the mother or the mother may be required to pay the father.
Aliso Viejo Child Support Enforcement Just about all states run a child support enforcement program. Child support can be taken away out of a parent’s paycheck. Any overdue child support may be collected from:
- Federal and state income tax refunds
- Liens placed on property
- Selling property
Modifying Aliso Viejo Child Support Orders
In certain states, child support is recalculated on a regular basis. Within these states, courts need parents to exchange tax return information to determine if child support needs to be raised. In all states, either parent may file a court motion to recalculate child support at any time.
If you pay support, you may want to ask the court to recalculate it if:
- Your income goes down substantially or you lose your job
- The other parent’s income increases
- Living costs change in either household
If you are the parent receiving child support, you may want request for recalculation when:
- The paying parent’s income goes up or you discover not every income was disclosed
- It has been years since the previous recalculation and your child’s costs have got increased
When Do Child Support Payments Stop?
Child support payments usually stop if your child attains the age of majority, which differs by state. A court can order child support for a longer period of time, such as till the child graduates from college.
Issues to discuss with Your Lawyer
- In case I lose my job, may I cease making child support payments?
- Are child support payments necessary if custody is shared?
- How many times can child support payments be altered?