Getting Child Support Payments
Orange County Family Law Attorney
Whether you are facing child support issues because of a divorce or a child custody agreement, an Orange County family attorney can help make sure that support is established and is enforced. In order to request child support, you must first know the location of the other parent and have established paternity. I can help you locate the other parent and establish paternity, if needed. I can also help you determine how much child support you should receive in order to satisfy the needs of your child or children and make your lives a little easier.
If an agreement cannot be mutually reached with the other parent, I can take your case to court to be heard and ruled on by a family law judge. In order to prevent the paying parent from continuously neglecting his or her responsibility, it is important to make a statement early on. I have heard every excuse in the book, and I know what it takes to hold a careless parent accountable for their child support payments.
How Child Support is Calculated in California
Every child support case differs, depending on the parents' financial and employment situations. Once in court, a judge will review the entire child support case to determine what the noncustodial parent should pay as child support. It can be more or less than the amount requested, depending on what the judge believes to be fair.
The judge will make a final decision based on California guidelines regarding:
- The child's insurance, health and education needs
- The needs and income of the parent with custody
- The responsible parent's ability to pay
- The child's standard of living while the parents were together
In most cases, child support is primarily determined by looking at the responsible parent's wages and income tax returns. However, if the paying parent remarries, their spouse may contribute to the child support payments. This commonly occurs when a mother responsible for payments remarries and becomes a housewife. Her husband is not legally responsible for the payments, but his income is made legally available.
When Courts Deviate From Child Support Guidelines
The guidelines used to determine child support are not set in stone. Each case is unique and unforeseen circumstances may alter a court's original decision. Parent's may lose jobs or be promoted and children may need to go to more expensive, specialized schools. Such changes may call for an increase or decrease in child support payments.
Courts may stray from California child support guidelines if:
- The paying parent enrolls in college
- The responsible parent incurs extraordinary expenses in order to visit their child
- The child's needs change drastically
Attorney Kevin B. Gibbs Can Help You Receive Child Support
If you have been awarded physical custody of your child, you have a right to collect child support payments. When these rights are ignored by the paying parent, I can help you file a court order to enforce the child support agreement. In the event that custody is an issue, I can use my experience to help you to enforce a child custody agreement through the family court system.
If you believe that you are entitled to child support, please call my firm, Kevin B. Gibbs, APLC, today so that I may look over the facts of your case and determine what steps can be taken in an effort to achieve a successful result. I have been practicing within the family court system for 25 years and am a specialist in the area of family law. As an Orange County family law lawyer, I represent parents facing child support and child custody issues throughout Southern California. Please contact my firm for your free case review.