The law in California requires that both parents of a child provide for their child financially. This means that if parents are divorced or separated, the non-custodial parent will need to make child support payments. The custodial parent is not required to make child support payments as it is assumed that this parent is fulfilling their financial obligation to the child by virtue of custody.
Whether you are seeking a divorce or need to secure a child support payment independently of a divorce, our experienced attorney at the Law Offices of Evan Braunstein is here to assist you. The Law Offices of Evan Braunstein provides fixed-fee child support services.
In order to make a child support determination in Monterey, the family law court must refer to the state of California’s child support guidelines. As explained by the website of the California Courts, the guideline calculation depends on a number of factors, including:
The formula that is used by California courts to determine a child support amount is complicated. It is strongly suggested that you work with an attorney when seeking a child support amount, as your attorney can help you to understand the California Department of Child Support’s guideline calculator. Child support attorney Evan Braunstein is trained and highly competent in DissoMaster, which is the highly specialized software that the state of California uses to calculate a child support payment. As such, when you work with the Law Offices of Evan Braunstein, our attorney will skillfully guide you through calculating your support amount and exploring different support scenarios.
Once a child support order has been issued by a court, it is critical that it is adhered to. Without the intervention of the court, it is prohibited for a party to stop paying child support or make changes to their support order. In addition to helping you secure a child support order, our law firm can also assist you in enforcing or modifying a court order.
When child support is not paid in full or on time, a party who was entitled to receive the support has a number of remedies available to them. The California Department of Child Support Services can help with enforcement by ordering an employer to withhold wages, tax returns, and more. In some cases, the court may even find a parent in contempt of court when a court order goes unpaid.
If you are unable to make a child support payment, keep in mind that you will still be responsible for the payment, and with interest unless you get a court order to modify the payment. You can seek modification of a child support order when circumstances have changed substantially to the point where a modification is reasonable. For example, if you lose your job due to a disability, and are therefore unable to acquire a new job where you make the same amount of money, a modification of a child support order is reasonable.
When you and your spouse/your child’s other parent are unable to come to an agreement about a fair child support order, you will need to turn to the courts. While our law firm can help you to negotiate a support order and explore out-of-court methods of reaching an agreement, going to court may be necessary. In all cases, having an experienced Monterey child support attorney on your side is critical.
All issues involving a child and the family court system have the potential to be extremely emotional. Our Monterey, CA child support attorney provides you with the legal support you need, and the advocacy you are looking for when going through a difficult time.
To schedule your consultation with the Law Offices of Evan Braunstein today, call our law firm, write us a message via the intake form on our website, or send us an email. We will reply to your inquiry as soon as possible.