Child support battles can become complicated and emotionally exhausting. Often, couples can’t agree to terms on a parenting plan and support obligations, causing extra friction during an already stressful time. Legal battles ensure that all of a sudden, the court will determine how your children will be provided financially. If so, you must speak to a skilled Sherman Oaks family law attorney immediately. In these challenging times, you need legal counsel to help guide you through the process and advocate on your behalf. A Sherman Oaks child support attorney can help you prepare a persuasive case to get the fairest child support split possible. At Diarian & Bociaga, we have over ten years of experience successfully assisting clients with family law matters throughout California, where we enjoy a strong reputation in the legal community. Contact our child support lawyers in Sherman Oaks today by calling (818) 205-9090.
How Will the Court Determine Child Support Obligations in California?
In California, courts calculate child support obligations using a formula mandated by statute. This means that courts are legally required to use this formula to carry their decision. Courts use a standardized formula to ensure that decisions are made consistently across cases. The formula requires courts to consider how much time each child spends with the child and how much income each parent makes. Honest income disclosure is essential, as tainting the truth can delay the process and cause the court to view you in a less-than-favorable light. They determine a spouse’s income by looking at wages, salaries, bonuses, and assets. Investments and rental properties will be considered. A court can deviate from the guideline amount if the amount the formula recommends seems unjust or inappropriate. Some reasons a court might stray from the formula include extremely disproportionate income or time spent with the children. By allowing courts to deviate from the formula when necessary, California ensures the focus is always on the children’s best interests.
Can I Come to Terms on an Agreement With my Spouse?
Child support is a monthly obligation a parent must fulfill to support their child. In California, you can mutually agree with your spouse on child support obligations. This not only simplifies the process but also reduces conflict. If you and your spouse mutually agree, the court won’t have to intervene with a formula-based decision. However, a judicial officer must still approve the agreement to ensure it’s fair and in the child’s best interests. Remember, according to Family Code Section 4053, both parents are legally obligated to support their children financially. This obligation lasts until the children graduate high school or turn 19. The financial support from each parent is not always even. Factors such as income disparity and time spent with the children will influence the obligations split.
What Can A Child Support Attorney in Sherman Oaks Help With?
Having a Sherman Oaks child support lawyer by your side throughout the process is a valuable resource. Child support attorneys know how child support cases usually turn out and can best assess your potential for success and what evidence you can use to help you build a strong case for the outcome you desire. There are many different things a Sherman Oaks child support attorney can do to guide you through the process in the most painless manner possible. From gathering and presenting financial disclosures to representing you before the judge, their professional expertise will significantly increase your chances of a favorable outcome.
Filing for Child Support
If parents can not agree on child support obligations, the party requesting child support must file a summons and complaint against the other spouse. These documents inform the other spouse that you are taking action and explain your legal position. Properly serving these documents ensures that the legal process can begin. The other spouse must answer the complaint and admit or deny the allegations. An attorney can skillfully draft the required legal papers for you. They will make sure all important details are communicated effectively. Not only will this help you present your case more professionally, but it also helps avoid mistakes like filing errors or missed deadlines that can delay the outcome of the case.
Seeking A Modification
Pursuant to Family Code Section 3651, child support obligations are flexible. While they are always required to be in the child’s best interest, California courts recognize that forcing parents to pay unrealistic sums of money is counterproductive. If you cannot meet your current child support obligations, an attorney can help you seek a modification. A modification is usually made due to a significant change of circumstances. This can include a change in the child’s primary caregiver, changes in visitation, income changes, incarceration of a parent, and military deployments, among other things.
There are necessary steps to take to seek child support modification. Each step must be carefully adhered to, which a Sherman Oaks child support lawyer can help with. First, the attorney can help you file a motion with the court. A motion simply asks the court to do something, in this case, to modify their child support order. Once the motion is filed, the other parent can respond, and both parents must provide financial disclosures. If necessary, a court will schedule a hearing to determine if a modification is the right choice. Your attorney can represent you during this hearing to present your case in the best light possible. After the hearing, the judge will issue a final order.
Mediation
Often, the best legal strategy is to avoid litigation altogether. California offers ample opportunity for alternate dispute resolution, where couples can work out their differences without judicial intervention. Mediation is when a neutral third party facilitates an open discussion between the parents to help agree on pivotal parenting issues. A skilled Sherman Oaks family lawyer can help you understand your goals and how to achieve them best. This could mean anything from determining which parent you believe your child should live with, how much child support you feel you are owed or should pay, and everything in between.
An attorney will represent you throughout the mediation process to help you communicate with your child’s parent and guide you on negotiation strategies. Although this may be the most stressful situation in your life, skilled family lawyers deal with similar situations daily and know how to keep a calm head to get results. Lawyers can also draft formal agreements after parents agree on a parenting plan. Although child support has to be approved by the court, having your lawyer reach an appropriate figure before the court’s intervention is a surefire way to save time and stress.
Your Sherman Oaks Child Support Experts
Diarian & Bociaga are your go-to Child Support attorneys in Sherman Oaks. With over a decade in the field and a team of experienced counselors and divorce coaches, Diarian & Bociaga are your one-stop shop for family law matters. Whether you are responding to a child support complaint or seeking a modification, we’re here to step in and ensure your rights are protected. Contact us today to find out how we can serve you.