Child Support in California
According to the law, children have the right to receive financial support from both parents. The amount of support is strictly determined by a percentage of gross income or, in a shared placement situation, by a complicated equation. The court has very little authority to deviate from this equation except in limited circumstances. Your lawyer needs to make sure that child support is calculated correctly and is fair to both parties and the children.
HOW IS CHILD SUPPORT CALCULATED IN CALIFORNIA?
Child support is calculated by a formula written into California's child support law. In the case where one parent has primary placement, child support is based upon the number of minor children and a percentage of the non-placement parent's income. If the parents have shared placements, the formula is then based on the number of children, the placement (visitation) schedule and the income or earning capacity of each parent.
SPECIALISTS ARE SOMETIMES NEEDED TO DETERMINE INCOME
If your spouse owns a business or has multiple sources of income, it may be difficult to determine or calculate his or her exact income. Identifying this income may require the use of experts, such as forensic accountants or business specialists.
We often use experts in matters that may affect the determination of income for a stay-at-home, self-employed or part-time employed spouse. The judge may determine that this party does not earn enough and must work more to their highest ability. In those cases, we may need expert testimony to determine the earning capacity of that party.
OUR EXPERIENCE CAN HELP YOU REACH A FAIR CHILD SUPPORT AGREEMENT
If child support is not calculated correctly or if income is not determined accurately, this may be very unfair to one of the parties or to the child. One parent may have to pay too much or the child may end up receiving too little. Our lawyers' experience is a valuable tool in making sure agreements conform to the law.
POST-JUDGMENT MODIFICATIONS AND ENFORCEMENT
We also handle post-judgment issues that arise after the initial child support determination. If one parent's income changes, the child support order may need to be modified.
If one parent fails to pay child support, the other can file a contempt or an enforcement action. The court can order the nonpaying parent to pay back child support payments that have accumulated, known as arrears.
Our law office has focused exclusively on family law since opening in 1997. We know how to help with any issue related to child support. Our clients trust us because they know we have experienced and hard-working problem solvers
Whether you are in West Bend or in Waukesha, Wisconsin we can help you. Contact us at (414) 939-0529.
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