Caring for children can sometimes place a financial burden on a parent after a divorce, especially when the other parent is not paying their fair share. Going through a divorce is difficult enough without additional financial stress. California law recognizes that both parents should share the financial responsibility of raising children (California Code, Family Code – FAM § 4053). After a divorce, this often requires that one parent pay child support. The Van Nuys family law attorneys at Diarian & Bociaga help clients in the Van Nuys area get the support to which they are entitled. Contact us today to schedule a free consultation.
California Child Support Basics
In California, both parents have a financial responsibility for the expenses associated with raising a child. When the parents separate or get divorced, they can sometimes agree on how to share these expenses. If the agreement is reasonable, the court will usually approve the agreement and issue a child support order that aligns with the agreement. When the parties cannot agree, the judge will calculate the amount of child support owed following the California child support guidelines.
The child support guidelines take many factors into consideration. These factors include the income of both parents, the tax filing status of both parents, the amount of time the child spends with each parent, health insurance costs, daycare costs, and a few other items. Once the calculation is made, the judge can rarely deviate from the amount specified in the guidelines. A support order is then issued by the court that specifies the amount due.
How Long Does Child Support Last?
Generally, child support continues until the child turns 18 and graduates high school. If the child is still attending high school upon turning 18, then the duty to pay child support ends either when the child graduates or turns 19. There are a few other situations that can put an end to child support payments. If the child gets married, joins the military, enters a domestic partnership, is emancipated, or dies, then child support requirements will stop. In limited situations, child support can continue past the age of 19. However, that generally only happens when a child is disabled and cannot support themselves.
Modifying Child Support Payments
Once a child support order has been issued, that does not mean it will stay the same forever. Situations change, and sometimes child support orders must be changed as well. Some situations that could require a modification to child support include a significant income change for either parent or a change to the amount of time the child spends with each parent. If a change in your situation requires a child support modification, you should contact Diarian & Bociaga right away. The court only has the authority to change the amount of future child support payments, and they cannot change amounts that were due in the past. For example, if you lose your job in May but do not request a child support modification until August, you will still owe the full amount that was due from May until August.
Contact A Van Nuys Child Support Attorney Today
Calculating child support can be complex, but the team at Diarian & Bociaga has the experience and expertise you need to make sure you and your child are protected. No two situations are the same, so we will work with you to understand your specific needs. If you are in need of a new child support order or a modification to an existing order, contact our office today. A Van Nuys child support lawyer will go to work for you right away and fight tirelessly for you and your children.