Sacramento Child Support Attorney
Child support is often one of the main points of contention during divorce proceedings. Divorce fundamentally affects a dependent’s living environment, and child support payments can bring back a degree of normalcy. California has a fairly high cost of living, and working out a fair child support arrangement prevents kids from becoming victims. If you live in the state of California and have any questions or concerns regarding existing or future child support payments, contact an experienced Boyd Law child support lawyer in Sacramento, CA for answers and potential legal counsel.
Each parent has a duty to provide for a child’s financial needs. Court ordered child support is the justice system’s way of safeguarding a child’s needs until he or she becomes a legal adult. Divorce, annulments, and legal separations are some of the most common reasons why the court may order child support. A judge also reserves the right to order child support in cases where biological parents are unmarried and in cases of domestic violence.
How the Courts in California Determine Child Support Payments
Parents have an opportunity to agree on their own child support arrangement, or the court will use a statewide formulation to create an amount for them. If, at any point, the court determines parents or guardians are not meeting a child’s needs, a judge will impose court ordered child support as he or she sees fit. The sole purpose of child support is to provide kids with the financial means to grow as they would under normal circumstances. Parents cannot reject court ordered child support payments on the child’s behalf.
Some factors used to determine support include:
- Disposable income or earning capacity
- A parent’s standard of living
- Tax filing statuses
- Individual circumstances
- Health care costs
- Education costs
- Visitation travel and daycare costs
- How much time a parent spends with a child
Under California laws, a parent may have to pay child support until the adolescent turns 18 or 19. If a divorce agreement indicates otherwise, the courts may enforce child support payments exceeding that timeframe.
Reasons No Legal Agreement Established for Custodial Parents: 2014
Source: United States Census Bureau
What Happens When a Parent Fails to Pay Child Support?
Like any other financial responsibility, a parent may pay interest on the support amount owed if he or she falls behind. For child support payments due after January 1, 1983, the interest rate is 10% of the total amount owed per year. The court does have the ability to garnish a parent’s wages for failure to pay.
While failing to pay child support has financial and legal repercussions, it does not affect a parent’s right to visitation. If you are concerned that your ex-spouse has lied or purposefully avoided paying adequate child support, you can take action through the courts. The team of Sacramento, CA divorce attorneys at Boyd Law can help you identify and address the inconsistency.
Modifying a Child Support Order
As time passes, one parent or the other may experience changes in income or time spent with the child. Modifications to support payments may indicate a need to reevaluate the support order. You can always ask the court to make a new decision regarding child support but consider looking at new estimates before doing so. Parents are responsible for paying the current child support payment until a new order has been issued.
Boyd Law: Your Sacramento Child Support Attorneys
Child support issues can arise long after the resolution of child custody. Your child should have the best opportunities possible after a divorce, and your family attorney at Boyd Law in Sacramento can help. We have the expertise and experience needed to help you navigate California child support laws. Whether you are going through a divorce right now or you are having trouble with enforcement, let us know. We will work hard to make sure your kids have essential financial support. Contact us today for a free child support case evaluation.