In California, as part of a divorce or dissolution of a marriage or domestic partnership, a court will decide whether one parent will receive financial support from the other parent for the care of their child(ren). This type of financial support is called child support.
Child support decisions are some of the most important aspects of a divorce or dissolution proceeding given that they deal with your child's current and future well-being.
In Santa Clara County, Sacramento County, and Alameda County, child support hearings take place in the Superior Court of California, County of Santa Clara, and the Superior Court of Alameda, County of Alameda.
You can request a child support order from a judge when you:
- Request an annulment.
- Get divorced or legally separated.
- Request a restraining order for domestic violence.
- Are establishing parentage.
California has established guidelines for calculating the amount of child support that a parent must pay.
The statewide formula is dependent upon a number of factors, such as:
- The amount of money both parents are able to earn.
- The amount of time both parents spend with their child(ren).
- The number of children that require child support.
- Each parent's tax filing status.
- Health insurance expenses.
- Whether the children receive support from other sources.
- Mandatory retirement contributions.
- Daycare costs, education costs, and other expenses.
A court usually tries to come up with a child support amount that is fair to both parents and their circumstances.
Parents may be able to work out a child support amount without using the California formula, but a judge must approve this amount.
Court-ordered child support can continue until the child:
- Turns 18 years of age and is no longer a full-time high school student.
- Turns 19 years of age.
- Becomes emancipated.
- Gets married.
- Forms a domestic partnership.
A court may also order the parents of a disabled adult child to pay child support for longer than what is usually required. Should you need to have your support payment altered at a later date due to a change in circumstances, such as a significant decrease in wages or the added responsibility of having to support children from another marriage, one of our lawyers at Sagaria Law, P.C. can help you file your petition in court.
We can also advise you on how to have your support order enforced if the other parent stops making payments. In the United States, it is against the law to refuse to pay child support.
At Sagaria Law, P.C., we understand that establishing a working child custody agreement can be a delicate matter, and we want to help you reach a fair resolution while allowing you to retain your privacy. We are accustomed to dealing with the sensitive issues that are often related to family law matters, and we are here to help you.
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