Experiencing a divorce in which children are involved can make a stressful situation even more difficult for all members of the family. The issue of child custody must be addressed, and it can cause tension between parents. In order to have the best outcome in child custody in Placer County, it is best to consult the experienced child support attorneys at Ewing Law Group, PC for guidance and support.
Under California family law, children have the right to be financially supported by their parents, and each parent has a responsibility and obligation to do so. When the issue of child custody arises during the divorce process, one parent can be designated to pay child support to the other. The parent who is required to provide child support is considered the non-custodial parent, meaning that they do not provide care for or live with the child for the majority of the time. The parent who lives with the child and provides the most care holds the title of custodial parent.
California child support law dictates that child support must be paid to the custodial parent until the child, or children, turn 18 or are determined to be self-sufficient under state law. A child is determined to be self-sufficient if they join the military, become married, are emancipated, or are able to provide for themselves financially. Occasionally, child support may be extended through the child’s 19th birthday if they are still earning their high school diploma and are living at home.
In some situations, parents can make an agreement to continue paying child support well after the child turns 18. This typically occurs in the event that a child has a disability and has been deemed to be unable to become self-supporting.
In California, the child support order – or the amount a non-custodial parent is required to pay the custodial parent – is set by very specific criteria. Determining child support payment is based on a very complex formula that is evaluated by the California state court. There are a variety of factors that impact the amount that must be paid, including:
Child support is usually paid monthly in the state of California. There have been instances where parents have agreed upon a different payment schedule. As long as both parents approve the different pay schedule, it is allowed under California law.
Under California child support law, there is no statute of limitations on back child support. There is also no statute of limitations when determining parentage. This means that a claim can be made against the obligated party for any and all unpaid child support, no matter when the claim is made.
If you don’t adhere to your child support order in the state of California, you can face very serious consequences. There are options that can be taken if the non-custodial parent is unable to pay child support in times of hardship or for other specific reasons. If it is discovered that the non-custodial parent has the ability to pay but has been withholding child support from the custodial parent, it is very likely they can be found in contempt of court.
If you are found guilty of contempt of court for neglecting to pay your child support, you can have to face serious consequences. You can receive hours of community service time, and a large fine; there is even potential that you can go to jail, depending on the situation.
In the event you believe your ex or the non-custodial parent is intentionally withholding child support from you, it is essential that you contact a knowledgeable and experienced family law attorney as soon as possible.
There are specific instances and life occurrences that can result in a court-approved child support modification.
The most common reasons for child support modifications in the state of California are:
If you are looking to make an adjustment to your child support order or believe the other parent has violated the child support order, it’s best to contact a Placer County family law attorney immediately. Ewing Law Group, PC has years of experience navigating the Placer County family court system and is here to support and guide you through the process.
The child support lawyers at Ewing Law Group, PC know that the divorce process can put you in difficult positions, and cause a lot of stress, even years after the documents have been signed. We are here to help you through every step of your claim and can walk you through all the complexities of the legal process. If you have any questions regarding current or future child support orders, contact Ewing Law Group, PC for a consultation today.