Encino Child Support Attorney
Our essential duty is to guarantee that every child has access to the resources they need for a happy existence now and in the future. Until their child reaches adulthood, parents are vital in supplying these needs. Parents create the foundation for their child’s success and well-being by carrying out this responsibility.
Managing child support becomes crucial when there is a divorce or single parenthood. It involves deciding who will foot the bill for the child’s upbringing. Parents can independently negotiate support agreements or ask the court to get involved. However, these conversations can be complicated, especially in Encino, where following California’s strict child support laws is crucial.
Our skilled team of Encino child support lawyers at Benefield Law - Family Law Trial Advocates P.C. is prepared to help you comprehend the state’s laws and create court-approved support plans. If enforcement or modification becomes necessary, you can be confident that we will move quickly to minimize any impact on your child’s life.
Call Benefield Law - Family Law Trial Advocates P.C. at (310) 807-6759 for your Free Consultation with a Encino Child Support attorney.
Child Support Laws in California
Parents can decide whether to negotiate a child support agreement as part of the divorce or outside it. Any changes to the amount need to be allowed by the court and follow the state’s official guidelines.
A parent may start the process in a few different ways if they are unable to agree or if child support was not discussed during the divorce:
- Submitting child support applications to the court directly using the forms found on the California Courts website.
- You are asking a lawyer to assist them in filing the petition.
- If you are not married to the child’s other parent, ask the California Department of Child Support Services to initiate a case.
Child support is often paid until the child turns 18. However, there are certain exceptions.
- If, at age 18, the child is still enrolled full-time in high school.
- If a medical problem renders the child incapable of working and earning a living.
- If parents have decided to provide further help, like for a college education.
- If the child has no other means of adequate support,
Computing Child Support
The right amount of child support is determined by applying a complex formula to a child support request brought before the court. This entails determining each parent’s gross income, net disposable income, time spent with the child, and other required costs.
The formula is modified if the support covers more than one kid. Moreover, exceptional situations can require departing from accepted practices, requiring a more extensive support plan.
Our Encino child support attorneys are available to assist you if you have any questions regarding how these rules may affect your request for child support. We’ll carefully review your case to see how the court will determine the amount based on the facts presented by both parties. If there are differences in the amount that needs to be paid, our legal team can also mediate a settlement with the opposing party on your behalf.
Child Support Enforcement
One parent may ask the court to step in and enforce the order, collecting unpaid child support if the other parent cannot fulfill their bargain.
Depending on whether their failure is unacceptable, the court may find the non-compliant parent in criminal or civil contempt. If a parent is found guilty of criminal contempt, they could be sentenced to jail time or heavy penalties. As an alternative, civil contempt may result in a jail sentence that is only lifted when some of the unpaid child support has been paid.
But there is a small window of time—just three years from the day the payment was due—to file a move for contempt regarding past-due payments. The other parent may petition for contempt every three years to recover unpaid child support if the noncompliant parent ignores their obligations.
In addition to contempt procedures, the court may impose other sanctions:
- Community work
- Settling legal fees
- Buying real estate to pay for past-due child support
- Attaching obligations to property
- Withholding of wages
- Discussions about income and benefits
- Removing or suspending driver’s licenses
- Notifying credit agencies of the transgression.
Don’t hesitate to contact one of our Encino child support attorneys at Benefield Law - Family Law Trial Advocates P.C. if you need help recovering overdue payments for your child or enforcing a support order. We’re committed to assisting you in taking the necessary legal actions to get the support your child deserves and fighting for the best result in court.
Child Support Modification
Children’s needs change as they age, necessitating modifications to support their growth and well-being. A change may be necessary because the initial child support arrangement may no longer be adequate to meet these evolving demands. Similarly, changes in a parent’s financial situation can call for a review of their capacity to fulfill the terms of the original support arrangement. Inconsistencies in how child support is calculated might also occur, necessitating explanation or adjustment.
According to California law, if one of the parents can provide a reasonable basis for the request, the other parent may seek to modify the child support agreement. The court will carefully examine the petition to determine whether modifications are necessary.
Our Encino, CA, family law firm is prepared to help you change your child support agreement. Our skilled group will evaluate your situation and present your case in court to obtain the required modifications. If negotiation with the opposing party is necessary, we will work hard to protect your interests and get the best possible result.
Talk To Our Lawyers Today
Providing a child with the financial means to support their dreams and acceptance into society is just as crucial as providing emotional support to ensure their full development. Your responsibility as a parent is to ensure your child has the resources they need to grow up and achieve their dreams.
Allow our Encino child support attorneys to assist you. Our goal is to work with you to get the best child support agreements possible based on your kids’ needs. With us on your side, you can handle the legal system with ease and ensure that your child’s best interests are considered at all times.
Call Benefield Law - Family Law Trial Advocates P.C. at (310) 807-6759 for your Free Consultation with a Encino Child Support attorney.