Irvine Child Support Lawyer
Child support is an amount of money that the Court orders one parent to pay the other parent each month for the support of the child/children. In California, child support is based on a “guideline”. The guideline is a formula based on the incomes of the parties and the time each parent spends with the children.
Child support is payable until a child marries, dies, is emancipated, reaches 19, or reaches 18 and is not a full-time high school student, whichever first occurs.
If a party is not employed or earning income, the Court can make an Order of Child Support based on the payor’s ability or capacity to earn income. A party’s capacity to earn must be based upon the ability of the parent to perform a particular type of job and the availability of those types of jobs.
Contact an Irvine child support Lawyer online or call (949) 416-2215 for a consultation at our firm for legal representation.
Understanding Child Support Laws in Irvine
Child support laws can vary by state, so it's important to have a clear understanding of the specific regulations in Irvine. Our experienced attorneys at Kirk & Toberty, LLP are well-versed in the child support laws in your area and can provide you with the guidance and representation you need.
Some key points to consider about child support laws in California include:
- Calculation of child support payments
- Modification of child support orders
- Enforcement of child support obligations
- Factors considered in determining child support amounts
- Legal options for resolving child support disputes
Whether you are seeking to establish, modify, or enforce a child support order, our Irvine child support lawyers are here to help you navigate the legal process and protect the best interests of you and your children. today for personalized legal representation tailored to your unique situation.
How Is Child Support Determined in California?
California uses a statewide formula, known as the child support guideline, to calculate child support obligations. The calculation is based on several factors, including:
- Each Parent’s Income: This includes wages, salaries, bonuses, commissions, rental income, and any other source of earnings.
- Time-Share with the Child: The amount of time each parent spends with the child significantly impacts the support calculation.
- Deductions: Certain expenses, such as health insurance premiums, mandatory union dues, or spousal support payments, may be deducted from a parent’s income.
- Additional Expenses: Costs related to the child’s healthcare, daycare, education, and extracurricular activities may be factored into the order.
An Irvine child support attorney can help ensure that the income and expenses are accurately represented in court and that your financial situation is considered fairly under California’s guidelines.
How to Modify Child Support Orders?
Circumstances often change after a child support order is issued. A parent may lose their job, experience a significant change in income, or encounter unexpected expenses related to the child’s care. When this happens, either parent can request a modification to the support order.
To request a modification, you must demonstrate a significant change in circumstances, such as:
- A substantial increase or decrease in either parent’s income.
- A change in custody or visitation arrangements.
- New medical or educational expenses for the child.
- The remarriage of one parent, affecting their financial obligations.
An Irvine child support lawyer can assist in filing a modification request and presenting the necessary evidence to the court. Modifications are not retroactive, so it is essential to act promptly when changes in circumstances occur.
You may ask, “What if I am having problems collecting child support?” The Court will order a wage assignment that can be served on the employer, and the employer will send the support directly to the recipient parent. The Court can also enforce a child support order, including revocation of the party’s driver’s license or work-related licenses.
Compassionate and Caring Representation
Child support is vital to ensuring that children receive the financial resources they need to grow and thrive. Whether you are a custodial parent seeking fair support or a non-custodial parent needing help with your obligations, an experienced Irvine child support lawyer can provide the legal guidance you need.
At Kirk & Toberty, Attorneys At Law, we have the program that calculates the guideline amount for child support. Protect your rights, safeguard your child’s future, and achieve a resolution tailored to your family’s needs by contacting our team today. Together, we can navigate the complexities of child support law in California and work toward a solution that benefits everyone involved.
Contact us today at (949) 416-2215 or fill out this online form to schedule a consultation. We are here to help you through this difficult time.
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