Navigating Complex Child Support Issues
One of the most important practical arrangements that divorcing parents need to work out is the financial support of their children. Most child support questions can be answered with reference to the California Child Support Guidelines, but the guidelines themselves are fairly complicated. Parents sometimes also need advice about whether the amount determined by applying the guidelines should be adjusted up or down, depending on special circumstances.
For the advice of a lawyer who can guide you through the California child support process, trust The Law Firm of J. Hector Moreno, Jr. & Associates. Our firm handles complex divorce and family law issues for clients in San Jose and throughout Silicon Valley.
How Is Child Support Determined?
Generally speaking in a divorce case and in the case of unmarried parents, the California Child Support Guidelines consider:
- The incomes of both parents
- The number of children involved
- The time the children spend with each parent
- Additional considerations such as day care and health insurance expenses
In Santa Clara County especially, the guidelines are applied rather strictly, but there are many situations in which the amount of child support might be adjusted up or down, depending on the facts of the individual case: special needs of the child, a parent’s financial responsibility for other children, or health or medical issues of the parent or child. We can advise you whether your case will likely compel an upward or downward adjustment in child support payments.
Child Support And Paternity
In paternity cases, child support is also determined by applying the California Child Support Guidelines. After a complaint to establish paternity is filed and proved, the father’s support obligation will be figured according to the same formula that applies to divorcing parents. Unmarried fathers seldom have formal child custody or visitation orders in place, however. As a result, the amount of child support will be determined based on the percentage of time the unmarried father has with the child.
Our attorneys work closely with divorcing and unmarried parents to help them understand and fulfill their responsibilities to their children on terms that recognize the value of the other parent’s role and relationship with the child to the greatest extent possible. If a parent’s child support obligations need adjustment due to a significant change of circumstances, we can advise you about the possibility of modifying them.
Discuss Your Legal Needs With A Lawyer Who Can Help
For additional information about child support and paternity in California, talk with an experienced lawyer in San Jose. You can contact our law offices online or by telephone at 408-440-2575.