San Jose Child Support Attorney
Helping Ensure Support for Your Child
California law requires both parents to financially support for their children, which often means one parent will pay child support to the other.
Whether you expect to pay or receive support, you should talk with an experienced attorney about your financial future and that of your children. Our San Jose child support attorneys at Foster Hsu, LLP, can help you understand how courts determine child support in California and guide you through your next steps.
Call 408-841-7200 to schedule a consultation.
How Does California Decide Child Support?
California determines child support based on a standardized formula set by state law. The Court considers all sources of income, including, but not limited to:
- Employment earnings
- Self-employment earnings
- Unemployment, disability and Social Security benefits
- Stock dividends and interest earnings
- Lottery and prize winnings
When factoring in the incomes of each parent to determine the appropriate amount of child support, the court consider the amount of time the children spend with each parent and include some expenses such as health insurance premiums, union dues, property tax and mortgage interest. All of these factors are plugged into a standard formula that determines the monthly amount of support one parent will owe to the other. In addition to the base guideline formula, the Court may order that the parents proportionally share add-on expenses such as child care, uncovered medical costs and extracurricular activities.
Why is an Attorney Needed for Child Support Determinations?
Even though the courts apply a statutory formula to determine the amount of child support, an experienced lawyer can still prove invaluable in many ways. For instance, parents may attempt to underreport income or hide assets. A parent may become voluntarily unemployed or underemployed in an attempt to reduce their child support obligation. An attorney can help ensure all relevant income is considered, whether or not the income is actually received or realized.
Courts can also deviate from the guideline formula in special circumstances, such as:
- The parents agreed on a different amount of child support, and the court approves.
- The paying parent’s income is extraordinarily high, and the guideline amount exceeds the children’s needs.
- One parent is not contributing to the children’s needs at a level commensurate with the parent’s custodial time.
- The parents have different time-sharing arrangements for different children.
- A child has special medical or other needs requiring a greater amount of support.
- A child has more than two parents.
Can a Parent Get a Support Order if the Parents Were Never Married?
Parents are obligated to support their children financially, regardless of marital status. If parentage has not been officially established through a voluntary declaration of paternity, the Court may require genetic testing or other evidence to establish paternity before issuing a child support order. Once paternity is established, the father may seek to enforce rights of child custody and visitation based on the best interests of the children.
What if Circumstances Later Change Regarding Child Support Needs or the Ability to Pay?
Court orders for child support can be modified if there has been a significant change in circumstances, such as a change in income, parenting time or a child’s financial needs.
It is up to the parent requesting a modification to prove the need for a change as soon as the change occurs. Failure to act when the change initially occurs may result in an overpayment or underpayment of support. If the other parent opposes a modification, the Court will hold a hearing to determine the amount of support.
Make An Appointment with Skilled and Dedicated San Jose Child Support Attorneys
Child support is essential for ensuring your child’s financial needs are met after a separation or divorce. The San Jose child support attorneys at Foster Hsu, LLP can help you determine the appropriate amount of child support in your case. Contact us online or call 408-841-7200 to make an appointment with a lawyer in our office.
