At Lopez & Wilmert, LLP, a family law firm, we understand that you need to protect your children and their futures. Divorce is very stressful and those involved can sometimes forget the bigger picture and become consumed in petty arguments. Occasionally, the children aren’t taken into consideration and begin to feel the stress of the situation as well. Child support is one of the biggest issues when it comes to divorce. The child or children’s interests are in the forefront of everyone’s mind, which can be difficult when the former spouse and the judge disagree with how you want to handle child support. Lopez & Wilmert can help you figure out your child support situation and assist you in getting what you rightly deserve. If you are are in need of a family lawyer for child support or other issues, call today to set up an appointment.
What is Child Support?
Child support is the designated amount of money the court orders both parents or only one to pay for the child’s living expenses. In California, it is stated that each parent has a financial responsibility to sustain his or her child. When it comes to child support, either parent can request it. It can also be requested by the guardian who has legal or physical custody of the child, read What To Know About Child Custody, to learn more about child custody.
Who Can Get Child Support?
When it comes to asking for child support it is determined by each individual situation. A parent is able to ask for child support by themselves or as part of a family law court case. If the parents are not married, then the father needs to be officiated prior to child support being requested. If there were previous issues, such as there is an opened case with the Department of Child Support Services or with Temporary Assistance for Needy Families, then a child support case will begin against the opposite parent. Child support is needed because children have needs similarly to everyone else. Children need to be taken care of and that means the money is required to go toward food, medical care, an education, and clothing. Child support is there because you need to protect your child and his or her future.
How Long Does Child Support Need To Be Paid?
Some people think that child support is paid until 18, but that isn’t the case. It depends on whether the child is still in high school when the child support is able to stop being paid. Child support can surpass 18 if the child is still in high school. Child support will end once the child graduates high school or they reach 19 years of age. Once the child has graduated high school or reached 19, then child support can be terminated. However, if there is a court order that child support continues, then it will.
How Much Do I Pay For Child Support?
Child support is determined by a few factors. By California law, the obligation is to the child and thus both parents should share in the standard of living. California has their own guidelines for child support, however, the parents can agree to less or more of the amount of child support. The court will need to approve the agreement, but overall if the parents can come to a decision it’s usually better for everyone involved. The amount of child support is determined by the number of children who need support, which is usually the ones who are under 18 and biologically connected to both parents. The amount of time spent with each parent is also taken into consideration. Lastly, the net disposable income, which is usually determined by a W2. The gross income is used to determine the net monthly disposable expenses. Other factors are taken into consideration, but those three are the most important.
If you are in the midst of a divorce or need a family lawyer in the La Mesa, CA, area we can accommodate you. To talk to a family attorney today, contact us.