In California every parent has a duty and an obligation to provide for their children. Whether you are seeking support or responsible for paying support, we will work closely with you to determine the accurate amount you are entitled to receive or pay.
How Child Support is Calculated
The court will make a child support order based on both parent's income levels and the amount of time each person physically spends with the child. Income levels is more complicated than looking at each parents paystubs and identifying the wages earned in the preceding month and average of the preceding year. The court can and routinely does consider bonuses, commissions, stock grants, military retirement and disability, among other things. In addition, court ordered custody/visitation is not the sole determining factor when considering the timeshare; if parents are not practicing the court ordered visitation then the courts will look to the schedule the parents are actually implementing.
Is a parent purposefully unemployed or under-employed in order to reduce the household income to affect the amount paid or received under the child support formula? A court can consider unemployment and/or underemployment when determining how much a parent pays or receives.
Should I File for a Modification
Filing for the modification of an existing child support order is an important decision which may materially affect how much a a parent receives and the amount a parent will pay. There should be no mystique when determining whether you should file a Request for Order to Modify Child Support. Either parent can conduct limited discovery in advance of filing a Request for Order to Modify Child Support to determine what the other parent is earning. Knowing the other parent's recent income provides the requesting parent the necessary information to make an informed decision when deciding whether or not to seek a modification of an existing child support order.
Contact us Today
We are here to serve your needs, minimize the anxiety and stress of dealing with child custody and visitation issues. Contact us in order that we may begin to counsel and guide you throughout the legal process. For a consultation call us at (619) 849 – 8849.