Child Support and Parenting Plans
At Law Office of Garry Barbadillo, our San Jose divorce lawyers know that when parents divorce in California, the amount which will be paid in child support is established through the use of a child support calculator. Calculations look at a variety of factors including the incomes of each parent, the number of children involved and any costs related to child care, health insurance and other expenses. Both parents have a legal duty to provide for the care and well-being of the children, but in a large percentage of cases one of the parties will be saddled with the primary financial duties. Whether you are being asked to pay support or if you need to receive payments to help you provide for your children’s needs, a family law attorney at Law Office of Garry Barbadillo is ready to meet with you for a consultation to discuss the situation and determine the best course of action for defending your personal interests.
The final outcome of the question of child support may largely determine whether or not you enter life after divorce in a position of financial stability, as whether or not you receive child custody you are at risk of being forced to pay more than you can realistically afford for your children’s basic needs. Moreover, it will impact your children’s standard of living, deciding whether they have the means to enjoy life or are provided only with enough to get by.
Financial support is one of the legal responsibilities every parent is required to provide for their children whether married, divorced or unmarried. In any divorce with children, child support is one of the three matters that must be approved or decided by the court before a divorce can be declared final—the judge will not finalize the dissolution of your marriage until this matter has been adequately provided for. The other two matters that must be addressed are time-sharing and parental responsibility or child custody. It is the view of California courts that each parent should share in these three areas as equally as possible, though in practice it is often equitable for the parent with a larger income to pay a greater share of the children’s expenses.
Enforcing Child Support Payments in California
It often occurs in the months and years following a divorce that the parent who has been ordered to pay support becomes delinquent, either as a result of difficult economic circumstances such as a medical condition or a job loss, or out of simple obstinacy. When this happens, a family law attorney from Law Office of Garry Barbadillo can help you bring the matter to court, where you may be able to secure enforcement such as a driver’s license suspension, a property lien on the other parent’s vehicle or home, or a garnishment on the other parent’s paycheck or bank account.
Every case is unique and there may be circumstances that need to be considered to reach a just and equitable child support amount. Support is ordinarily paid to the parent who spends the most amount of time with the child but each parent’s income is also part of the child support calculation. In the case of an unmarried mother seeking child support from the child’s father, a paternity action involving DNA testing to secure legal recognition of fatherhood may be necessary in order to enforce the father to pay a fair amount of child support. We can assist either parent in establishing proper paternity in order to resolve child support issues, including defending you against a paternity action over a child of whom you are not the father.
If you have any questions or would like to schedule an initial consultation with one of our experienced attorneys, please Contact Us online or call at (408)772-5469 today!