Chino Hills Child Support Lawyer

Chino Hills Child Support Attorney

The concept of child support was designed to ensure children of divorced parents are still financially supported as they enter a new family dynamic. These monthly funds are intended to cover a child’s basic needs, such as housing, food, education, and medical treatments. Hiring a Chino Hills child support lawyer as an extra resource can help ensure an appropriate amount of money is set for payments to cover all necessities.

How Is Child Support Determined in Chino Hills, CA?

The state of California sets guidelines to ensure the process of determining child support payments is fair and consistent. The following considerations are all factors that influence the final payment:

• The amount of money both parents make annually after subtracting taxes and other mandatory deductions
• How many children are in need of financial support
• Any health insurance expenses that qualify
• Retirement contributions
• Costs that are related to a child’s education or special needs
• Any other relevant support obligations or hardship deductions

With all this information in mind, family law courts in Chino Hills better understand a child’s needs to make a final payment decision. Before this decision is made, both parents will have an opportunity to present a detailed picture of their financial situation for consideration. This allows an opportunity for either parent to reinforce any specific details of their situation that they do not feel are apparent otherwise.

How Are Child Support Payments Enforced?

If a parent required to fund child support payments fails to do so, there are a number of different ways the court will intervene to secure the funds and hold the delinquent parent accountable for their negligence. Some of these enforcement measures include:

• Wage Garnishments
  Any parent who does not proactively send their child support payments to the other parent will have them automatically deducted from their paycheck. This money is taken out before the remainder of their pay is deposited into their checking account. This takes control away from the negligent parent as a penalty for not meeting this legal obligation.
• Interception of Tax Refunds
  Depending on how much a parent is behind on their child support payments, the court may decide to intercept their tax refund to pay the outstanding balance. This is another avenue the government will use to take money the parent has legitimately earned and prevent them from spending it on anything else besides supporting their child.
• License Suspension
  If the court is unable to secure funds through a parent’s paychecks or tax refund, they may suspend specific licenses the parent relies on. This could include their driver’s license, professional license, or even something lighter like a fishing or hunting license. The strategy here is to motivate the parent to start fulfilling their child support payments again in exchange for receiving their licenses back.
• Property Liens
  The court may also resort to placing liens on a parent’s property as another tactic to restore their compliance with their child support obligations. This prevents the parent from being able to sell or refinance their property until the outstanding balance is satisfied. This is often considered a strong deterrent for parents who are trying to evade these payments. Once the payments continue, the parent is able to access any proceeds or refinancing benefits from the property.

While these are some of the most frequently implemented tactics used to restore child support payments, there are more options a court could employ. A family lawyer can help assess the unique details of your own case to help you take the necessary steps to hold the other parent accountable for their failure to financially support their child.

It is important to note that there are legitimate circumstances that would necessitate lowering or potentially pausing child support payments. If this is the case, you must petition the court for this change with supporting evidence. You cannot stop making payments without the authorization from the court.

FAQs

Q: How Much Is Child Support for One Child in California?

A: Child support in California for one child is determined based on specific details of their parents. How much money they make for a living and what specific needs a child might have after their parent’s divorce play a significant role in the final payment figure. Because there is no fixed amount based on the number of kids involved, speaking with a child support attorney can help you determine a rough estimate for the potential support payments in your situation.

Q: How Do I Sue for Child Support in California?

A: Before suing for child support in California, paternity needs to be established. This can be done by filing a petition with your local family court. Once it’s clear a certain individual is the biological parent of a child, the court will schedule a hearing to review the family’s situation and make a final child support decision. An attorney can help ensure all paperwork is filed and deadlines are met to avoid any unnecessary delays in securing these funds.

Q: How Much Back Child Support is Considered a Felony?

A: Failing to pay child support in California can result in a criminal offense. Someone who has not made payments for over a year or owes more than $5,000 is vulnerable to facing a misdemeanor charge and spending up to six months in jail. If the overdue payments are still unsatisfied after two years or have totaled over $10,000, these conditions escalate the scenario to a felony charge and up to two years in prison.

Q: How Can I Pay Less Child Support in California?

A: If you believe your current child support payments are higher than you can afford, you have the right to petition the court to revisit the arrangement and potentially modify the order. To win a modification, you will need to demonstrate in court that there has been a significant financial change to your circumstance since the order was originally issued. Work with a family law attorney to make the most compelling case possible to be awarded lower child support payments.

Contact a Skilled Family Law Attorney Today

If you are starting the process of divorce or need a pre-existing child support arrangement reevaluated, connect with the family law team at Steven J. Brown, Attorney at Law, today. For years, we have represented those in Chino Hills to secure favorable child custody and support arrangements that work for everyone in the family. Contact us today to start the process immediately.