AUBURN CHILD SUPPORT ATTORNEY – A request to establish or modify child support can be brought by either party as part of a divorce, legal separation, or annulment, a Petition to Establish Parental Relationship (unmarried parents), a domestic violence restraining order, or a Petition for Custody and Support of Minor Children (parents who have signed a voluntary Declaration of Paternity or are married, or registered domestic partners and do not want to get legally separated or divorced).
California law requires both parents to financially support their minor child(ren), both biological and adopted. Child support is the obligation owing on behalf of a child. Child support obligations arise whether or not the child’s parents are or were married. Furthermore, in some circumstances, someone other than the biological parent may be required to pay child support.
Child support is generally owed until the child is 18. However, if a child has reached the age of 18 and is still in high school, the duty to provide support will continue until the child has graduated high school or reached the age of 19, whichever occurs first. The obligation to pay support may continue in order to provide for a disabled adult child if that child cannot support him or herself.
Typically your child support figure is determined by using a software program. After inputting specific information into the software program it will calculate what is called “guideline” child support. The guideline child support amount is presumed to be correct and the judge can only deviate from this amount in special circumstances.
Guideline support is calculated by applying the income of each party, how much time each parent spends with the child, tax filing status, support of children from other relationships, health insurance expenses, and other factors.
The parties may agree to a child support amount other than guideline, however, a judicial officer must approve your agreement.
When you are looking to modify your child support obligations it is important to remember that all prior court orders remain in effect until there is a new order from the Court. This means you will have to pay the court ordered amount for child support, until the Court sets a new amount to be paid.
If you are needing to establish child support or modify an existing child support order, call the Law Office of Sara S. Thompson, PC, an Auburn child support attorney.