Understanding Child Support Laws In California
If parents divorce or separate, they have a responsibility to support their children in various different ways, including financially. They must prioritize the future of the child and how they will be supported. Parents child support is the sum of money which a court summons either one sole parent or both parents to pay each month to help support their child’s living costs. The child needs the support of both parents to provide them with the best possible future. California’s child support laws enforce the basis that children must continue to receive full financial support and benefits from both parents, even though the parents are divorced or separated. Click the link for more information specifically on California child support.
The laws and litigation surrounding child support can be complicated. Each country has a form of child support and local support agency to provide guidance. There are also family lawyers who can help with understanding the court procedures and process, preparation of documents and calculating child support.
Prioritzing the child
Divorce and separation can be a stressful experience for all involved; the children are likely to be unsettled by the situation, hence why it’s essential to ensure their initial needs are cared for. They need to be kept in a routine, attend school as usual and be fed, housed and clothed. These basic principles must be in place as a starting point while the more complex, long-term details of the case are dealt with.
How it works
The court will assess and determine each parent’s capability, based on their finances, to support the child and provide for their needs. The court will use a formula to decide how much each parent needs to pay to support the child. Although alongside this basic child support, the court may insist a parent pays additional costs to support the child, for example, to cover expenses such as child care. In some cases, there are exceptions, the parent can object to the amount of financial support requested. However, these situations are rare as the court prioritizes the child and considers that the child’s needs should be the highest responsibility of the parent and therefore doesn’t generally consider other factors and costs such as bills into the equation.
Does this work interstate?
All states in America have passed a Uniform Interstate Family Support Act (UIFSA), which is a law that allows different states to work together in cases where parents do not live in the same state. Interstate cases can be complicated and involve more paperwork and litigation. Either local child support or an attorney will be able to offer further information on complex matters with child support and parentage issues.
What happens if child support isn’t paid?
If a parent’s financial circumstances have changed and resulted in a lack of ability to pay for child support, you can request that the court modifies your child support order. If you’re the parent who is owed child support from the other parent, you can ask that the court takes the necessary steps to ensure the support is paid. If a parent can pay child support but is willfully not paying it, this can result in the parent being in contempt of court, which in turn can, at worst, result in a jail sentence.