Santa Ana Child support payments are a court-ordered amount that a non-custodial parent must pay out to the custodial parent to cover a proportionate sum of the child’s costs, such as housing and utilities, food, clothing, education fees, and other costs. Both the parents have got an obligation to support their kids, both before and after a divorce. State laws and regulations differ greatly about just how the courts determine child support payment, and child support orders may be modified only by a different court order. One of our Santa Ana child support lawyers can respond to every child support payment question, including the strict adherence to child support guidelines.
1) Exactly how is child support determined?
Several states are different in their Child Support requirements. Each state has unique established minimum levels of child support. Different state courts have got established guidelines for awards of child support above the statutory minimums.
In figuring out a Child Support “guideline”, it is established by calculating the minimum sum of Santa Ana child support to be paid 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 calculate the percentage of that income that is made by the non-custodial parent. This percentage is multiplied by the applicable level of welfare payments for the number of children in the household.
The end result of this computation would be the minimum child support. It must be understood that in the vast majority of cases, the court orders child support higher than the minimum level, as determined by local support guidelines.
Most of child support is given under the Child Support Guideline. The guideline uses a complicated mathematical formula. In fact, computer programs have to be used to compute child support under this guideline.
2) Just how long is Santa Ana child support supposed to be given?
Child support has to be paid until the child becomes 18, unless your child has not yet managed to graduate from high school. If the child has not graduated high school the child support carries on till the child has graduated high school or becomes 19, whatever occurs first.
Now, the law doesn’t give judges the power to make a parent to support a child beyond the age of 19, unless the child is physically or mentally disabled.
Even so, the parents can agree that child support is to continue into the college years, and these kinds of an arrangement are going to be enforced by the Family Law Court.
3) How is child support going to be paid?
Unless the custodial parent says otherwise, all child support shall be paid by way of a wage assignment. It means that the child support payments have to be taken off from the salary of the parent who is obligated to pay child support.
4) How is child support computed?
A few states have got a statewide formula (called a guideline) for finding out how much child support should be paid. If perhaps the parents cannot agree on child support, the judge is going to decide the child support sum as per the guideline computation.
Items which might be vital to your state’s child support calculation include:
- Parents’ incomes
- Parents’ assets (property, investments and etc .)
- Child’s medical bills
- 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 Santa Ana can also include the expense of special needs such as:
- Traveling for visitation from one parent the other
- Educational expenses
- Other special needs
5) May I get child support for the time prior to the child support order?
If you do not collect public assistance, you could get child support right from the day that you filed your case seeking child support. To get support from this date, you must serve the other parent within 3 months right after you file your case.
The judge might also give child support starting from the date of the hearing, the date the other parent was served, or some other date depending on the specifics in the case.
Santa Ana Child Support Attorneys
Each and every parent has got a legal responsibility to provide for the care of his or her child. Santa Ana Child support is actually a court-ordered financial payment from one or both parents to give financial support for their kid’s living costs and healthcare costs. Child support payments can be a complex matter and are usually an origin of conflict during divorce cases.
Whether you are having trouble getting child support payments from the other parent of your child or you have been ordered to pay for an unjust amount, the Santa Ana child support attorneys at our firm can help you. Call our offices immediately to speak with a lawyer today.
Child Support Cases Santa Ana We Deal with
We understand the trouble of determining fair child support payments as well as getting those payments from the child’s parent. We can help you with a range of child support concerns, such as all those related to:
Changes to Support Agreements
Enforcing Support Agreements
Establishing a sensible child support agreement can be quite difficult. Even after a payment sum was established, some parents are reluctant to pay out what they have been ordered to pay out. If you’re going through any problems associated to child support payments, you need expert legal assistance. Our Santa Ana child support attorneys will fight to assist you secure the child support agreement you need to have.
From definition, Santa Ana Child Support is the responsibility to make payments for the financial care and support of your child during and after a separation or divorce. Generally, the non-custodial parent pays the custodial parent. A father can be required to pay out the mother or the mother can be required to pay out the father.
Santa Ana Child Support Enforcement
Just about all states run a child support enforcement program. Child support can be taken out of a parent’s paycheck. Any overdue child support can be obtained from:
- Federal and state income tax refunds
- Liens put on property
- Selling property
Changing Santa Ana Child Support Orders
In certain states, child support is usually recalculated on a regular basis. Within these states, courts require parents to trade tax return information to find out if child support should be raised. In all states, either parent can file a court motion to recalculate child support at any time.
In case you pay support, you may want to ask the court to recalculate it if:
- Your income decreases substantially or you lose your job
- The other parent’s income increases
- Living costs change in either household
If you are the parent getting child support, you might want ask for recalculation when:
- The paying parent’s income increases or you discover not every income was revealed
- It has been many years since the previous recalculation and your kid’s costs have increased
When Do Child Support Payments Stop?
Child support payments usually end if a child reaches the age of majority, which differs by state. A court can order child support for an extended period of time, such as up until the child graduates from college.
Questions to discuss with Your Attorney
- In case I lose my job, may I cease making child support payments?
- Are child support payments necessary if custody is shared?
- How often can child support payments be changed?