If you are the custodial parent or non-custodial parent of a child, making sure your interests are treated fairly in any child support matter can be of critical importance to your finances. A child support order that is unfairly drawn without taking into account all of your relevant circumstances can have a huge economic impact on you for many years to come. Whether you are seeking an initial child support or a modification, or are responding to a request for child support, it is important to work with an experienced California child support attorney who can fight for your interests.
How a Child Support Order is Obtained in California
When two parents are married, and they either divorce or separate, child support is often awarded through a court order which is done in conjunction with a custody (and visitation) order. When the parents have never been married, a custodial parent can petition the court to have the non-custodial parent pay ongoing child support, whether the father or the mother has custody.
California courts use statewide formulas in reaching a base level of support, although reaching a fair initial formula is dependent on each parent making sure the court has accurate and comprehensive data and that the other party is being forthcoming. Furthermore, the final order is reached by incorporating additional facts, and, as your attorneys, we will work to make sure your interests are protected by presenting the court with all relevant information relating to:
- The other parent’s total income and ability to earn an income
- The other parent’s total assets from all sources
- The child’s needs
- All factors relating to your ability to earn income
Modifying, Terminating, or Enforcing a California Child Support Order
After an initial order is made, either parent can later petition the court to seek a modification either upwards or downwards in the child support order, or to terminate the award altogether. If you are seeking a modification, we can work with you to present a compelling case for a change in circumstances (e.g. a change in income by either parent) justifying the modification. We also represent parents opposing petitions for modification or termination. Finally, we represent parents in actions for enforcement of existing child support orders.
Legal Guidance in Your Child Support Matter
To schedule a consultation regarding your situation and any questions you have about child support in California, contact one of the divorce attorneys at The Law Offices of Omar Gastelum and Associates, APLC today.