Child Support Lawyers in San Jose, CA — Advocating for You and Your Child’s Best Interests
There are various reasons that two parents may not raise their children together. Perhaps a marriage couldn’t work out, or maybe there was never any serious romantic relationship. Regardless of the underlying circumstance, one parent will often have to make child support payments to the other parent. However, these issues can get complex. That’s why you should speak with a child support lawyer in San Jose, CA today.
At Argyris Mah, LLP, our team of family law attorneys has extensive experience in child custody and support issues. Even if you go through a local child support agency — of which there are dozens in California — state law will still dictate the specifics of a support order. Unfortunately, many parents end up paying more or receiving less than they deserve because they don’t have legal representation. Our law firm can help. Contact us today for a free consultation.
Who Has to Make Child Support Payments?
There’s a common belief that child support services will require men to pay child support. However, this is not always the case. Typically, it’s the non-custodial parent who has to make these payments. Of course, there are many situations where parents share joint custody. This can make determining child support more complicated — particularly under California law.
That’s because California looks at more than just parental income when determining child support obligations. They also look at the amount of time spent with each parent. As such, a lower-earning spouse may actually have to pay child support to their higher-earning ex. This can happen when parents earn similar incomes in a joint physical custody situation.
Clearly, these issues can be complicated. That’s why you should consider speaking with a San Jose child support attorney to figure out your rights and obligations. And since we offer free consultations at Argyris Mah, LLP, there’s no reason not to reach out today.
What Factors Go Into Calculating Child Support?
Several factors go into calculating child support in California. These include the gross income of both parents, the amount of time spent with the child, and the disposable monthly income of each parent. Disposable income can significantly affect the calculation, and factors such as health insurance premiums, preexisting child support, and alimony payments can play a role.
A judge will consider all these factors when issuing a child support order. However, they are not always bound by the results of the child support calculation. Certain circumstances may warrant a lesser or greater payment amount. Such situations include parental agreements, extraordinarily high incomes, instances where children have special medical needs, and when there are more than two legal parents (California law allows for this).
Additional circumstances can also result in a child support order that differs from typical calculations. Understanding whether your situation qualifies is important. That’s why you should contact our child support attorneys in San Jose, CA for a free consultation today.
Does a Parent Have Legal Rights When They Pay Child Support?
When a child support order is issued by the courts, it’s typically the case that both parents have certain rights with their offspring. However, paying child support is not what grants these rights. The simple fact is that both parents have a legal obligation to support their children financially. This is true even if they have no other privileges.
For instance, envision a scenario where a judge grants sole legal and physical custody to one parent without visitation for the other. Even though the non-custodial parent seemingly has no rights to their child, this does not negate their responsibility to provide financial support. A parent can return to court to seek visitation or custody, but child support issues are separate altogether.
Is It Possible to Modify Child Support Payments?
A child support order is not always a permanent thing. In addition to obligations typically ceasing at a certain age, requesting child support modifications is also possible. Suppose two parents have a stipulated agreement for a certain amount of support that’s less than the state calculation. In that case, they can request a modification to an existing child support order at any time. However, any other modification is only allowable when a significant change in circumstances has occurred.
Various situations can fall into this category. For instance, income or job status changes could allow for a modification. Court orders may also be modified if a substantial change occurs in a parent’s time with their child. Even having a child with someone else could warrant a modification to an existing order. Like other issues involving child support in California, changing a court order can be complex.
That’s why you should have a legal professional on your side.
Contact a Child Support Lawyer in San Jose, CA Today
Few family law issues can get as complicated and emotional as a child support case. If you’re living through this scenario, you know that matters can quickly become difficult. And even if initial child support issues were handled long ago, changes in circumstances can bring these stressors back to the surface. Fortunately, you don’t have to go through this on your own. A Santa Clara County family law firm can help.
At Argyris Mah, LLP, we advocate fiercely for our clients in their child support cases. Our team of legal professionals understands the difficulties you’re facing, and we know that it can sometimes be hard to even comprehend how the system works. That’s why we’re here to help. Whether you need help requesting, enforcing, modifying, or fighting back against unfair child support orders, we have the experience necessary to assist.
Contact us today by calling (408) 214-6366 to schedule your free consultation. Our child support lawyers in San Jose are here to help.