In California, a parent’s primary obligation is to support his or her minor children. Each parent is expected to pay for the support of a child according to his or her ability. This can result in complications and disputes when two parents choose to separate from one another or get a divorce.
California created a standard mathematical formula that is used by The Law Offices of Teresa A. Beyers and judicial officers to calculate child support. Factors that will be accounted for when the court applies this formula include the following:
- How much money each parent earns or has the potential to earn;
- The total income each parent receives from all applicable sources;
- The number of minor children both parents have together;
- Time-share, or the amount of time each parent spends with the children;
- Union dues, retirement contributions, health insurance costs, and any other mandatory payments either parent must make which may impact how much they can afford to pay in child support;
- Any other relationships that may provide some form of child support, such as financial support a parent may receive from family members, new romantic partners, etc.;
- Each parent’s tax filing status.
Depending on the circumstances, courts might also account for other factors that might not be directly related to a child’s welfare when determining how much parents must pay in child support. Such factors can include:
- Child-care costs if a parent is working or attending classes/professional training sessions to improve their ability to find employment, and needs someone to watch their children when doing so;
- Expenses associated with travel that may be required to ensure visitation rights are being properly honored;
- Reasonable and necessary health-care expenses;
- A child’s educational needs, as well as any special needs.
It is sometimes possible for two parents to come to an agreement on the terms of child support without requiring the court to make such decisions for them. If you are divorcing your spouse and you both would like to try coming to a mutual agreement on this issue before getting the court involved, it’s extremely important to enlist the help of a qualified Los Angeles child support attorney.
You want a professional to review the terms you and your soon-to-be-ex decide upon before you officially enter into a legally binding agreement. If your ex has representation from an experienced attorney and you do not, they may take advantage of you, resulting in an agreement that’s not genuinely fair.
When the Court Needs to Handle Child Support Cases in Los Angeles
Although your ideal goal may be to work with your ex and diplomatically agree upon child support terms, achieving this goal can be challenging for various reasons. If you are unable to reach an agreement that is fair and satisfactory to all parties involved, the court will have to get involved in making the decision by accounting for the various factors mentioned above.
Judicial officers have the final authority to determine the amount of a child support order. The Guideline Calculator provides only an estimate and is not a guarantee of the amount of child support that will be ordered. There are other factors that may also impact the amount of a child support order.
Each case is unique and before granting guideline child support, the judge will examine the facts. Generally speaking, a child support order is based on the income and timeshare of the children by each party and can be modified when there is a significant change in circumstance that requires that a child support order be changed. For example, the loss of a payer’s job may not be sufficient grounds for a modification, unless it appears likely that the payer will not be able to obtain a new position at a comparable salary.
This is another reason to hire an attorney when child support payments are being calculated, modified, or disputed. You need to present strong evidence to demonstrate why the proposed or existing terms of a child support agreement are fair or unfair. Even if you are in the right when presenting your case to the judge, if you can’t support your argument with evidence or sound reasoning, you may struggle to secure a desirable outcome.
That’s not something you need to be concerned about if you have representation from a qualified legal expert who has experience handling cases like yours. When advising you, attorney Teresa Beyers will carefully review your situation and provide you with an objective assessment of your legal options.
Aggressive, Results-oriented Representation
In a child support case, the financial stakes can be high particularly if the paying spouse has a significant income. Teresa Beyers provides vigorous representation in family court. From the start of your case to its conclusion, Ms. Beyers will work diligently to protect your rights and interests.
Contact The Law Offices Of Teresa A. Beyers
For a free initial phone consultation with an experienced Los Angeles child support lawyer, contact The Law Offices of Teresa A. Beyers.
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