One of the most difficult parts of a divorce process is dealing with your children. Child support, specifically, is generally one of the most complicated and contested parts of a divorce involving children. An experienced Fresno child support attorney can help you through this process and advocate for your rights and the rights of your children.
California Support Makes a Difference
California law requires both parents to support their children, regardless of custody award. This means that even if you and your former spouse share joint equal physical custody, you will both have to contribute in some way. However, the parent who makes more money may be required to pay child support to the other parent. This ensures that the children share in the lifestyle of both parents and the children’s needs for necessities (food, clothing, shelter, and education) are met.
Under California law, parents also have a duty to pay child support until their children turn 18, or 19 if the child is unmarried and still attending school full time. Under special circumstances, the court may even order child support to continue after the child is an adult.
California’s Uniform Child Support Guidelines are set by a statute made up of an algebraic formula. This often makes it very complicated and confusing for divorcing couples to calculate the “guideline” amount of Child Support without the help of an experienced Fresno child support attorney.
Calculating Child Support Payments in California
To deal with the complexity of figuring out the formula for child support, California Courts and family law attorneys use a computerized program that accounts for various factors. Some of these factors include:
- The number of children to be supported
- How much time each parent spends with the child
- Healthcare & Childcare costs
- Each parent’s tax filing status and taxation obligations
- Prior or subsequent children from a different relationship
- Whether any of the children to be supported have special needs
Changing Child Support Orders
If you already have an agreed upon child support order and need to change it, you can ask the judge to change the support. However, to do so, you must show that certain things have changed since the last order, such as:
- You are now making less money
- The other parent is now making more money
- You are now spending more time with your children
If the other parent does not agree with the proposed changes you want to make, you or your Fresno child support attorney can file a Request for Order (form FL-300) to request the change order. If you both agree on the requested changes, you can submit a written agreement for the judge to sign.
Call an Experienced Fresno Child Support Attorney
If you are in the process of getting a divorce or plan or initiating one, it is important that you have a knowledgeable attorney fighting for your rights. For more information or to schedule a complimentary consultation with a Fresno child support attorney, please call Gurjit Srai (209) 323-5558 or complete our online form.