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Santa Clara County child support lawyerThe divorce process can be messy, especially when children are involved. When splitting up with your spouse, you will need to address a variety of issues related to child custody, including how you will share the responsibility to make decisions for your children and how your children will divide their time between your homes. In many cases, one parent will be required to pay child support to the other to ensure that children’s ongoing needs are met. Divorcing parents should be sure to understand how the amount of child support payments will be determined.

How Child Support Is Calculated 

Under California’s divorce laws, the amount of child support payments is determined using a complex equation that includes factors such as the net monthly disposable income of both parents and the amount of time children will spend with each parent. This equation is meant to provide a level of consistency in child support calculations and to guarantee a minimum level of support for the child. 

In some cases, a judge may decide to deviate from the child support guidelines when determining the amount of payments a parent should make. Situations where this may be necessary include cases where one parent has an uncommonly high income, both parents have a significant amount of parenting time but one’s income is significantly lower than the other’s, or a child has special needs and requires additional financial support. 

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Los Gatos, CA divorce attorney child support

When a couple decides to get a divorce, the entire family will experience the ramifications of their decision. For parents, issues surrounding child custody and child support are at the forefront of all decisions. In the state of California, if one parent is awarded the majority of parental responsibilities, including physical custody, he or she likely will be entitled to significant child support. As you navigate the divorce process, it is critically important to have a skilled attorney by your side to protect your rights. 

Establishing Proper Child Support Payments 

In the state of California, child support payment totals are calculated by combining the income of both parents and asking the non-custodial parent to pay his or her fair share of compensation for childcare. In order to accurately calculate a fair number, California courts will also consider the quality of life the child had prior to the separation, the child’s physical and emotional health, and the overall financial needs of the child and the primary custodial parent. When it comes to issues as critical as child support, you need the support of an experienced legal professional. A skilled attorney can help present all relevant criteria to the California court system and ensure that you receive the financial support you need from your former spouse. 

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Los Gatos, CA divorce attorney child custody

When parents choose to get divorced, or when unmarried couples do not live together, disputes over the custody of children can become highly contentious. During these types of cases, parents will want to understand how they can address their children’s needs and avoid acting in a way that will cause their children to experience emotional harm. They will also want to be sure to understand the best steps to take to resolve child custody issues in a way that protects their parental rights while providing for their children’s best interests. During these types of cases, you will want to be sure to avoid the following mistakes:

  1. Acting in a Hostile Manner: The strong emotions involved in child custody cases can lead parents to behave in a way that could negatively impact their case. Be sure to refrain from speaking negatively about the other parent in front of your children, on social media platforms, or in court. It is best to remain as calm as possible and try to avoid arguments with the other parent whenever possible. Instead, conduct negotiations through your attorney or during mediation, limiting the possibility of angry outbursts or heated discussions. 
  2. Violating the Court’s Orders: During the divorce process or while a child custody case is pending, the court may issue temporary orders regarding matters such as visitation schedules or child support. Failure to follow these orders could result in the court deciding against you in your case. During this time, be sure to pick up and drop off your children on time, and do not attempt to take the children when it is not your time to have them. It is also important to make child support payments on time and in the full amount according to the order. 
  3. Not Focusing on Your Children: Even though you will likely be putting a great deal of time and energy toward legal matters, it is important to be sure you are taking time for your children as well. When making decisions about child custody, the court may evaluate your parenting skills, and you will want to demonstrate that you are closely involved in your children’s lives. Be sure to have a firm understanding of your child’s academic performance and extracurricular interests, and make sure you can provide your child with a safe, stable, and comfortable home life. If the court feels that you are not fully engaged as a parent, or if you are unable to provide your child with a safe home, this could have a negative effect on decisions about child custody. 

Contact a Los Gatos, CA Child Custody Lawyer

With years of experience helping clients throughout the entirety of the divorce process, Attorney Benita Ventresca will do everything in her power to help you reach a positive outcome to your child custody case. To schedule a complimentary consultation with an experienced Los Gatos, CA family law attorney, call us today at 408-395-8822. We serve clients in the Los Gatos, Sunnyvale, Saratoga, Cupertino, and San Jose areas.

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Los Gatos divorce modification attorney for child supportWhen parents get divorced, they and their children can sometimes struggle to adjust to the changes they experience in their lives. Financial matters are some of the most common concerns that divorced parents face, and they will want to be sure they can provide for themselves while also addressing their children’s needs. During the divorce process, parents’ child support obligations are determined based on the income earned by both parties and the decisions made about child custody and visitation. While a child support agreement is put in place based on parents’ and children’s needs at the time of divorce, these needs may change in the months and years to come. If parents’ or children’s circumstances change significantly, a post-judgment modification may be necessary.

When Can Child Support Be Modified? 

In most cases, post-judgment modifications can only be made if a parent or child has experienced a significant change in circumstances. In some cases, parents may seek an adjustment to how they share custody of children and the amount of time children spend with each parent, including in situations where a parent plans to move to a new home. Changes to child custody and visitation will often require a recalculation of parents’ child support obligations to address these new circumstances. 

In other cases, a parent may ask for a child support modification because they or their children have experienced changes in their financial situation. For example, a parent who receives child support may request a modification due to a change in the paying parent’s income (such as increased pay following a promotion), changes in the child’s healthcare needs, or increases in living expenses. A parent who pays child support may pursue a modification due to significant changes in income, such as a disability or the loss of a job. 

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Los Gatos child support lawyerThe divorce process can be incredibly stressful for parents. Even after your divorce is finalized, you may have questions about your ability to provide for your children, and ongoing financial concerns can cause a great deal of anxiety. If you are named as the custodial parent in your divorce case, you will want to plan for how you will be able to provide for your children’s needs. Fortunately, with the help of a knowledgeable family law professional, you can ensure that you will receive child support payments from your former spouse. 

How Is Child Support Established in California? 

In the state of California, child support agreements can be established through mediation or a court order. Child support payments are meant to cover various living expenses that the custodial parent will provide for their child. These expenses may include the costs of food, living arrangements, and clothing, and a non-custodial parent may also be required to provide additional child support to address expenses such as child care, health care, or other special needs for children. If you are the custodial parent, you will typically receive payments from the non-custodial parent, and the amount of these payments is calculated using a formula defined in California law. This formula will take into account each parent’s disposable income, the percentage of time the children spend with the non-custodial parent, and the number of children.

Why You Should Work With a Child Support Lawyer

To ensure that child support payments are calculated correctly, it is important to work with a knowledgeable family law attorney. If you are looking to establish an agreement through mediation, your attorney can assist you in preparing for the mediation process and educate you on your rights as a custodial parent. If your case needs to be resolved in court, your attorney can provide you with representation and ensure that all relevant factors are taken into account when establishing child support payments.

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