There may be different reasons that two parents decide not to raise their child together. Their marriage or relationship may not have worked out, or perhaps there was never any serious romantic relationship at all. Regardless of the reason, typically split proportionally based on each parent’s income, one parent will often have to pay child support to the other parent. Child support can also often get complex. That’s why you should speak with a child support attorney today.
Our attorneys at Feak & Revelo, LLP can help and assist you with understanding the type of child support awards a Court can make, the length of the awarded, and how support is calculated.
Schedule a consult with Feak & Revelo, LLP by (408) 501-8883.
Who is the Payor?
There is a common misconception that the payor of child support will always be men. However, this is not always the case. Often times, it is the non-custodial parent who will have to make child support payments. However, in circumstances where parents share equal time with the children, this can make determining child support more complicated. That is why you should consider speaking with a child support attorney to figure out your rights and obligations. As we offer 30 minute free consultations at Feak & Revelo, LLP, there is no reason not to reach out today.
What Factors Go Into Calculating Child Support?
There are various factors that go into calculating child support under California law. This includes but is not limited to gross monthly income of both parents, the amount of time each parent spends with the child, health insurance premiums made by either parent, retirement contributions, and whether there are children from other relationships.
A judge will consider all these factors when issuing a child support order. However, they are not always bound by the results of the child support calculation. Certain circumstances may warrant a lesser or greater payment amount. Such situations include parental agreements, extraordinarily high incomes, instances where children have special medical needs, and situations where there are more than two legal parents.
Additional circumstances can also result in a child support award that differs from the usual calculation. Understanding whether your situation qualifies is important. That is why you should contact our child support attorneys for a consultation today.
Child Support Add-Ons
In addition to child support, the Court may also award mandatory child support add-ons. This encompasses any uninsured healthcare expenses and any childcare either parent needs in order for him/her to work, go to school, or training for employment. While the default was previously splitting these add-ons equally, the California Legislature has now made this split proportionally based on each parent’s net income.
Modification of Child Support
Aside from child support ceasing once a child turns 18 (or 19) and graduates high school, modification of child support once an initial child support order is made is possible if circumstances have changed.
Different can qualify as a change of circumstance. For example, income or job status changes could allow for a modification. Court orders may also be modified if a substantial change occurs in a parent’s time with their child. Even having a child with someone else could warrant a modification to an existing order.
We Also Focus on the Following Areas in San Jose, CA:
Contact Our Child Support Attorney at Feak & Revelo, LLP
The child support attorney at Feak & Revelo, LLP are adept in working on behalf of their clients, no matter whether they are the party seeking child support or the party paying child support. Child support is a complex issue, but with the assistance of the attorneys at Feak & Revelo, LLP, you will be able to navigate it with ease. Feak & Revelo, LLP, can help you understand what to expect and the best steps for your situation. Contact us online or call (408) 501-8883 to discuss your options.
Frequently Asked Questions for Child Support in San Jose, CA
Is there a cap on the amount of child support that one party can be ordered to pay?
Unlike many other states, California does not provide a limit for the amount of child support that one party can potentially be ordered to pay. The guideline amount is typically the amount ordered. However, there are circumstances in which the court can and does deviate from the guideline support amount. This usually occurs in situations in which there is an extraordinary higher earning parent.
What income is included in the calculation?
Earned income from employment, any and all cash flow from businesses, rental income, and recurring interest and investment income can all be included. California law requires that income from all sources be considered.
If I am not married to my child’s mother or father, do I have to pay child support?
Yes. In California, every parent, whether or not married to the other parent, is required to financially support the child if parentage is established.
What happens when the parent receiving support does not use it for the child but instead uses it for personal or other purposes?
Unfortunately, this does happen quite often. In many cases, nothing can be done about this issue, despite best efforts. Guideline support is provided for basic living expenses. It does not include such things as private school tuition, swim lessons, music lessons, summer camp, etc. These costs are usually divided between the parents equally in addition to guideline child support that is paid.
Does the parent receiving child support have to pay for all child expenses?
No. As outlined above, child support is for basic living expenses only. Any expenses over and above the basics are usually equally divided between the parents unless they have an agreement otherwise.
Is a parent responsible for child support payments even if he or she does not have a relationship with the child?
Yes, a parent will still be found to be responsible for child support payments. Both parents are financially responsible for supporting their children.
Does child support continue through college graduation?
No. Child Support is terminated when the child reaches the age of 18 and has graduated from high school. If the child reaches 18 and is still a full-time high school student, then child support will continue until the child reaches 19 or graduates from high school, whichever occurs first.
What if the other parent refuses to pay child support?
Child support is a legally binding order and other parent ordered to pay child support is obligated to pay to support his or her child. If a parent refuses to pay, he or she may have their support obligation directly garnished from their paycheck.
Alexis helped me get through the worst time in my life and I was very grateful to have her as my attorney. She has a very approachable personality which made me feel relaxed and comfortable. Not only is she very bright, but she also genuinely cared about my case. She was always very responsive and engaged. I highly recommend her and I could not have asked for a better attorney.
Michael
I just want to say how much I appreciate Alexis and all she has done for me over the year. It felt like it was never going to end, but I'm so happy this is now finally closed out and I can move on with my life. I can't imagine having survived it without you!
Thomas
Samantha Feak was my attorney and she worked her butt off for me! I am proud to say that as of today I am finally divorced, and I couldn't have done it without her. She fought for me when I felt like I didn't have the strength to fight for myself any more, and she got it done. She made sure my divorce included a much needed restraining order to keep me safe from the physical and emotional abuse, and harassment from my ex husband. I cried tears of happiness when I got the call this morning it was finally
Natalie
I am thankful for Samantha, she is so calm yet impactful whereas I felt totally overwhelmed. I admire her abilities, and I’m very thankful for guidance in court.
Renee
Alexis was an amazing attorney in my divorce case. I had a highly litigated and contested case. She has been in my corner since the beginning, and assisted me every step of the way. I could not imagine what my situation would be like if Alexis was not leading the ship!
Ally
Samantha is the best thing to happen to my daughter and I. She helped me understand the crazy tactics of my ex and helped the court understand why I needed custody of my daughter. I am so lucky to have her as my lawyer.
Emil
Attorney Revelo is professional, thorough, and smart. She understands all the nuances of the law regarding Divorce and Separation and I am grateful she took my case. She is efficient and caring all at once. I was able to get my divorce finalized in a little over six months. She made a court date and personally oversaw the final judgement. She is trustworthy, fair, and ultra-competent. I would recommend her to anyone seeking a divorce or separation. Attorney Revelo embodies excellence in her field of law.
Rosella
From the very beginning of reaching out for a consultation I have felt so at ease, the response back from everyone is so fast and relieving. Alexis Revelo has been by my side every step of my case, I cannot say enough positive things about Alexis!! Her knowledge and compassion has made this stressful time for me a lot more manageable.
Melissa
Samantha was great to work with on my case. Her attention to detail and legal advice every step in the process helped considerably in the final six months of my case.
Brett
Latest Blog Posts
Navigating Business Disputes: Strategies For Resolution
Business disputes are an inevitable part of running a company. Whether it’s a disagreement with a partner, a contract dispute, or issues with employees, understanding how to handle these conflicts...
Feak & Revelo, LLP: Your Trusted Divorce Partners in San Jose
Divorce can be one of life's most challenging experiences, impacting every aspect of your life. At Feak & Revelo, LLP, we specialize in guiding our clients through the complex process...
Understanding The Legal Process: A Step-by-step Guide For New Clients
Navigating the legal system can be daunting for those unfamiliar with its processes. At Feak & Revelo, LLP, we believe that knowledge is empowering. This guide will walk you through...
