It can be challenging to comprehend the complexities of California’s child support system, especially for those who are new to the legal system. Read on to learn about starting a request for child support in various situations and gain insight into what the child support calculation is typically based on.
How to Ask for Child Support
The party seeking child support must file a petition with the court to request support and get an official child support order. Sometimes a petition to establish parentage must be filed in support of the request. The court considers the income of both parents and the number of children when deciding how much one parent should pay in child support. The amount of child support is calculated using statewide guidelines, which assess the income of both parents and the amount of time each parent spends with the children. The court can also order an additional amount of “child support add-ons” such as childcare or educational expenses.
Court Ordered Child Support
The obligation to make child support payments usually lasts until the child turns 18 or 19 if they are still in high school, living at home, and cannot yet support themselves. Child support orders are legally binding and enforceable by law. If one parent does not comply with the terms of a child support order, they may face penalties such as wage garnishment, and even jail time. Parents should remain aware of their child support order and the rules of the court to ensure they are in compliance.
A Support Case Can Be Opened if One Parent Receives Public Benefits
Each county offers services to help with parentage determination and child support orders. If one of the parents is receiving public assistance, the county agency automatically opens a child support case. While the case is usually against the non-custodial parent, it also includes the custodial parent as a party receiving this assistance. The parents can request the agency take over the child support order services in a family law case, enabling them to work on the order’s enforcement.
Basis for a Child Support Order
Requesting a court order, as mentioned earlier, is necessary to set up a child support order for your children, and it could be through a local child support agency or directly from the family court. The nature of the case depends on the legal definition of the relationship between the parents. Parents who are divorcing, filing for a legal separation, or seeking an annulment may ask for a child support order or even an interim order. Victims of domestic violence may pursue obtaining child support when a restraining order has been placed against the other parent. Form DV-105 is required in this situation, but the court will often review an Income and Expense Declaration and make a decision based on the declaration.
Conclusion
In California, parents can request a court order to set up child support in multiple scenarios. The procedure, which provides minor children with the necessary protection and assistance, is thorough. It ensures that everyone involved in providing for the children fulfills their obligations and that their basic needs are met.
If you are in need of legal assistance regarding child support in California, look no further than Broaden Law. Our skilled attorneys can guide you through the challenging process and offer sound counsel. Whether it be establishing a child support agreement, modifying an existing one, or enforcing it, we can help you get the proper resolution.
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