Blog
Call for a free initial consultation
Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
Offering Limited Scope Service
Mediation and Litigation
Subscribe to this list via RSS Blog posts tagged in Los Gatos child support attorney

Los Gatos Unpaid Child Support LawyerNearly everyone is familiar with the term “deadbeat dad,” but what exactly are the penalties when a parent (either the father or the mother) fails to provide their child with the financial support that he or she is legally obligated to pay? Child support is generally paid by the noncustodial parent to the custodial parent in order to provide for the child’s daily needs. Many factors go into figuring the amount of support that must be paid, and obligations may change throughout the child’s lifetime. However, unless a judge says otherwise, those ordered to pay support must continue to do so, or that parent is breaking the law.

How Is the Amount of Child Support Determined in California?

There is a formula that is followed to determine the amount of child support that the noncustodial parent must pay in California. Some of the major factors that must be integrated into the formula are as follows:

  • The number of children under 19 and/or in high school, with the exception of disabled children who may need to be supported past age 19

    ...

Los Gatos child support enforcement attorneyEveryone has heard about deadbeat parents who do not pay child support. This can cause a great deal of stress and a significant financial burden for the custodial parent, who is forced to make ends meet on their own. In most cases, child support payments are taken directly from the non-custodial parent’s paycheck, but in some cases, there may be a different payment method, or the parent may move on to a different job without divulging that information to the state.

Where Do I Turn When My Ex Is Not Paying Support?

If the parent ordered to pay support is not holding up their end of the agreement, the first step may be to contact the Local Child Support Agency (LCSA), but it could also be in your best interests to contact an experienced child support lawyer to help you determine your options for getting the money that is owed to you.

What Repercussions Will a Non-Paying Parent Face?

Although failing to pay support can result in being held in contempt of court, charging the responsible party with this offense may not be a great help in recovering unpaid child support. The parent in contempt may be charged with a misdemeanor or a felony, depending on the situation. The problem with this is that if the parent goes to jail, you will likely still not be receiving child support at all. 

...

CA family lawyerParents are required to provide financial support for their children, whether they are married, unmarried, separated, or divorced. When parents do not live together, one parent will typically be required to pay child support to the other parent to ensure that children’s needs are met. The amount of child support is determined following the guidelines defined in California law, and it is based on the amount of income earned by both parents, as well as the amount of time children spend with each parent.

California’s Child Support Formula

Prior to calculating child support, each parent’s disposable monthly income should first be determined. Disposable income is calculated by taking a parent’s gross income and subtracting allowable deductions, which include state and federal income tax, mandatory union dues and retirement benefits, health insurance premiums, previously-ordered child support payments, and hardship deductions, if applicable.

...

Posted on in Child Support

California family lawyerWhen a noncustodial parent has refused, month after month, year after year to come forth with child support payments, many parents despair in their belief that nothing more can be done--that they will simply have to continue on struggling to pay for health care costs and college savings. However, this is not necessarily true. An experienced Los Gatos child support attorney may be able to offer you a solution to a problem that you have unfortunately been dealing with for years: collecting back child support

What Is Back Child Support?

Back child support is unpaid child support that has collected over the months or years. According to CNN, over $100 billion is owed in the form of back child support across the country. With interest, it is not uncommon for a single mother to be owed $10,000, $20,000, or much more if the delinquent payments have been going on for years. Common excuses for noncustodial parents to use for lack of payment include:

...
Google Map Marker

Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

Phone Icon

Call us for a free initial consultation

408-395-8822
FBK TWT

Conveniently located in downtown los gatos and
close to highway 280, 85 & 880

FREEVALETPARKING

Back to Top