Orange Country Child Support Attorney

Getting Clients a Favorable Child Support Agreement

Of all the decisions involved in a California divorce, one of the most complicated yet essential issues is calculating child support. Child support payments are made from one parent to the other and are typically paid by the non-custodial parent to the custodial parent. These payments can cover the basic costs of raising the child, such as daycare expenses, food, housing, clothing, and medical care. While many people think the father will be required to pay a basic child support obligation, the truth is that fathers are being awarded full custody more and more often, making it increasingly likely that a mother could pay child support to the father.

Child support payments are legally required in divorces in Orange County, and failing to uphold your part of the child support agreement can lead to serious legal consequences, including time in jail. However, it is equally necessary to protect the rights of the paying parent to prevent an unfair agreement from stealing their hard-earned income.

Whether you are a parent who is seeking financial support in a child support case or if you need legal counsel and representation to get a fair payment amount, we can offer the support you need. Our family law firm is also prepared to represent you as you petition to modify your child support agreement due to life changes such as remarriage or loss of a job. Contact our law firm today to get the help you need. Having legal representation is even more critical in high-income situations, but every couple deserves excellent legal counsel when dealing with complex child support cases.

Call today to schedule a consultation with our compassionate legal team at 949-889-1227.

What Does Child Support Cover in a California Divorce?

When parents divorce or separate, child support payments ensure that the children do not suffer financially. Child support payments can help provide a consistent lifestyle that matches the standard of living the children were accustomed to before the divorce. Child support or child maintenance covers the basic needs of each child and depends on several factors, including the paying parent’s income-earning ability.

Some costs that can be covered by child maintenance payments include:

Groceries
Medical expenses, including health insurance
The child’s education
Clothing
Child care while the parent works
The cost of activities, such as sports or musical training

The child support order helps ensure that the custodial parent has access to the funds they need to provide for the basic necessities of life. Even if joint custody is split 50/50, a parent who earns a higher income may still be required to make child support payments to provide a better standard of living for their child. To get the legal protection you need in your child support case or for help with child support enforcement, call our law firm right away.

How Are Child Support Amounts Decided?

It is possible to create a child support agreement without court interference, but even a signed, voluntary child support agreement must be approved by an Orange County judge to ensure the children have access to the basic necessities required. There are two ways of reaching an agreement: mediation and court order.

Mediation

One way divorcing parents can make an informal child support agreement is through mediation. This tactic can be extremely beneficial because both parents are an active part of the decision-making process. Finding solutions to divorce issues during mediation, such as child support, can mean the agreement matches each parent’s unique needs and can prevent anger and bitterness in the future.

However, the divorcing couple should note that any agreement made in mediation should be reviewed and approved by a judge to ensure the child’s best interests are being met.

Court Order

Since child support issues are such a contentious topic, many couples find that they need to take the matter to court. A judge will review each individual’s situation, the custody agreement, and the child’s needs to determine who will pay child support and for what amount.

Some factors that can affect the judge’s decision include:

The number and age of children
How much time the children will spend at each parent’s home according to the custody and visitation agreement
Each parent’s income-earning ability
The financial needs of each parent
The needs of each child, including medical expenses, education needs, activities, and so on
The location and distance between each parent’s home and the regularity of travel between the homes
The marital status of each parent
The earning capability of the child’s stepparent
Whether the children have been adopted by a stepparent
Whether one parent is an extraordinarily high earner, meaning the child deserves to enjoy a similar lifestyle and leading to higher than normal child support payments

Child support matters are extremely complex, especially in Orange County, where many divorces involve individuals of substantial financial backing. You need a lawyer who understands the complexity of the law and will fight for your rights. Call The Bledsoe Firm, today to learn more about how we can help.

What Do I Do if I Need a Child Support Modification?

A judge may work hard to carefully craft a child support modification during the divorce case, but sometimes things change, which means the current court order does not match your needs. For example, some issues that could result in modification to the child support order include:

Loss of a job
Death of one of the parents
Medical needs of a child that result in high medical bills
Gaining new employment
Remarriage
Adoption by a stepparent of the children
Changes to the custodial arrangement
Changes to any of the factors that helped determine the child support arrangement

Many judges are hesitant to adjust a current child support agreement, meaning you need excellent legal help to present your case and adjust your child support payments. This is especially true if you are a paying parent who has lost a job or is unable to continue to make payments for any reason. The California family law system works toward the best-case scenario for the children, meaning it could be tough to present your case and get a favorable outcome.

With our team of family law attorneys on your side, you can gather evidence to prove that you didn’t willingly lose your job and that you need a modification to the current agreement. You should also have legal representation to adjust the current payments to get more because of unpreventable situations such as sickness or increased education expenses.

What Should I Do if My Spouse Doesn’t Pay Child Support?

Another important issue that sometimes arises is when a parent refuses to pay child support. You should have an excellent child support lawyer on your side when seeking child support enforcement through California courts. Please know that you have the right to take legal action if your spouse is not fulfilling their court-ordered responsibilities.

Not paying child support is a serious matter according to California law, because this can affect the child’s life so dramatically. If you fail to make child support payments, the consequences could include fines, wage garnishing, a lower credit score, and even jail time. Defending yourself at this critical time requires knowledgeable lawyers who will fight tirelessly for you.

If you are unable to make child support payments, you should contact our skilled legal team today to learn more about how we can get a reduction in the payments you owe. A judge will not retroactively erase the payments you owe from previous months, so waiting to take action can have detrimental effects and could leave you owing thousands of dollars. Call now to hire our law firm and get the help you need.

How Does the Child Custody Agreement Affect Child Support Decisions?

One critical aspect of the child support matter is the type of child custody arrangement being used. A judge will consider factors such as where the child spends the majority of their time and which parent has physical custody when awarding child support to the custodial parent.

Types of Custody Agreements

It is important to understand the various types of custody arrangements to know what difference this makes in child support issues. Some commonly used child custody arrangements in Orange County are:

Legal custody – Legal custody refers to the ability and responsibility to make important decisions on the child’s behalf, including education, religion, and medical decisions.
Physical custody – Physical custody is also called residential custody and refers to where the children will live.
Joint custody – Also known as shared custody, both physical and legal custody may be divided, resulting in joint custody. Joint custody means both parents may have some percentage of the responsibility in decision-making and providing physically for the children. This form of custody is favored in California because of the benefits of having both parents in the child’s life.
Sole custody – In some select circumstances, custody may awarded only to one parent. This usually occurs in cases of abuse or neglect.

How the Custody Agreement Affects Child Support in Orange County

The child support payments may be adjusted according to the custody arrangement. For example, if one parent has the children for more time than the other, the second parent could be required to make a higher child support payment. Even in cases where custody is equally divided, child support payments may still be required to ensure a similar standard of living in both homes.

What Does a Child Support Lawyer Do?

If you are facing a legal battle over child support, or if you are entering the process of divorce of any kind, you should hire a child support lawyer. Without a lawyer on your side, the resulting arrangement could be severely detrimental to your financial well-being. Whether you are seeking child maintenance or want to protect your hard-earned wealth from an unfair child support order, you should contact a trusted legal representative for counsel regarding your unique situation.

Some of the duties a child support lawyer will do include:

Gathering evidence to prove why you are requesting a certain amount for child support payments
Arguing before a judge with confidence to get you a favorable outcome
Submitting paperwork to petition for modification of current child support payments, whether that means a reduction or increase in payments
Enforcing child maintenance orders when one spouse refuses to pay
Helps navigate the other aspects of your divorce, including child custody, division of the marital estate, and handling spousal maintenance or alimony
Offering emotional support and legal counsel at this delicate time

Don’t go it alone or take the risk of hiring an inexperienced attorney when it comes to the critical matter of your child support arrangements. You and your children deserve better than to receive an unfair court order. Call our legal team today to hire our talented, dedicated family law attorney.

Should You Hire Our Child Support Attorney?

When you are going through a divorce, you may experience a wide range of emotions that make it difficult to arrive at beneficial solutions with your ex-spouse. You probably feel frustrated, angry, and saddened at the loss of your marriage. You might even feel scared of starting a new life on your own. Having sufficient child support payments can make all the difference as you start out in your new life with your children.

At The Bledsoe Firm, we offer a wide range of family law services, including helping divorcing individuals get the financial support they need. We will fight aggressively for the benefit of you and your children by presenting your case confidently in Orange County family court. We can also work with you to reach a voluntary child support agreement without court interference whenever possible.

You can rely on our determination, knowledge, and skills when seeking child support payments, defending yourself from unfair child support agreements, seeking modifications to current arrangements, and enforcing court-ordered child support agreements if a spouse fails to pay. Know that you have an ally you can rely on when you hire our team of compassionate, capable legal professionals.

Call today to schedule a consultation and speak with our experienced Orange County child support attorney. You can reach us at 949-889-1227.