Child Support Attorney Chico
Child Support Attorney Chico
In any divorce, if there are minor children, child support becomes a critical issue in reaching settlement. Parents frequently disagree on the amount of payments adding an increased gap in an amicable resolution. A child support attorney in Chico can help you resolve this issue.
California law requires that the parents in a divorce provide ongoing living and medical expenses for a child under the age of eighteen. Usually, it will be the non-custodial parent, the parent who does not have physical custody of the minor, who will be ordered to pay for the child’s living expenses.
How Much Support Will be Due?
California law requires that the family law court review the parents’ income streams from all sources and then calculate the amount of support due based on a formula.
California has statewide uniform guidelines that must be followed in calculating support. The court also looks at how much time a parent cares for the child. Once that amount has been calculated, the family court will enter an order for child support and will specify the frequency and duration of payments. There are many situations where the standard formula cannot be applied to specific cases. It is very important to consult with a child support attorney who can advocate for you in these special circumstances.
What Happens If I Can No Longer Afford to Pay for Child Support?
Support orders are not necessarily carved in stone. There are circumstances when the parent loses his job, becomes disabled, or is otherwise not able to provide the support set forth in the order. Similarly, if one parent increases the amount of time spent with the minor child and is paying for more of the minor’s care, this changed circumstance may also justify a change in the support order. Either parent can request a review of the existing child support order.
The court will review any request for a modification of the existing child support order. If warranted, the court will provide a new order. Child support orders can be modified as many times as circumstances warrant. However, any new child support order will only apply to future support payments; it cannot be used to lower payments that were due in the past.
Enforcing the Child Support Order
One issue that lingers far past the divorce is enforcement of that child support order. Normally, if the parent obligated to pay support is has the means, them payments must be made as stated. If payments are not made, the court will also issue a wage withholding order.
The failure to pay child support can have severe consequences for the nonpaying parent, including, but not limited to:
- Suspension of a driver’s license.
- Garnishment of wages.
- Negative report to a credit reporting agency.
- Passports neither issued nor renewed.
- Liens against real property, such as a home.
- Denial or suspension of California business or professional licenses.
- Interception of tax refunds.
- Levies on bank accounts.
CALL US FOR A CONSULTATION
Navigating child support issues can be tricky. An attorney experienced Chico family law attorney can provide the needed assistance and help, whether representing a custodial or noncustodial parent in child support issues. In these difficult economic times, having competent legal advice is essential to obtaining the best results