Oakland Child Support Lawyer

Parents can decide between themselves how to pay child support or, if they cannot reach an agreement, defer to the court. In order to calculate the amount of child support a parent will pay, the California courts utilize a statewide formula (also called a "guideline"). The guideline calculation primarily depends on income concerns like:

• how much money the parents earn or can earn;
• how much other income each parent receives (e.g., salary, disability benefits, alimony from another previous partner);
• how many children the parents have together;
• how much time each parent spends with their children (time-share);
• each parent’s actual tax filing status;
• support of children from other relationships;
• health insurance expenses;
• mandatory union dues;
• mandatory retirement contributions;
• cost of sharing daycare and uninsured health-care costs; and
• other relevant factors.

The child support order can also require the parents to share the costs for childcare so as to allow the custodial parent to work or obtain training or schooling for work skills. Parents may also be required to share the costs for commuting between the parents and for the child’s educational and other special needs.

How Long Do Payments Last?

In most cases, the paying parent is legally required to provide child support until the child turns 18 years old and has graduated from high school; turns 19 years old; or marries, dies, or is legally free (such as by joining the military). Note that any child who is a full-time high school student or attends part-time due to a medical condition must continue to receive support. The court may also order both parents to continue support for a disabled adult child if that child cannot support themselves.

Modifying an Order

Understandably, a parent may face a significant change in circumstances that warrants a change in the support order. Changes in child support often occur if either parent has had a significant change related to:

• either parent’s income (e.g., lay-off or job loss); or
• the amount of time that each parent spends with the child.

The court will decide whether or not to grant a modification based on the current circumstances, which means the child support amount could either increase or decrease. An experienced child support attorney can better help determine whether a petition for modification may warrant such an increase or decrease.

Be aware that, even if their situation has changed as above, the parent requesting modification must continue to abide by the existing order until the court officially changes the order. So, even if a parent loses their job, they are still expected to pay the established support amount if their modification request has not yet been finalized.

Contact People Law Practice for Legal Guidance Today

If you are currently negotiating child support or seek to modify an existing order, contact People Law Practice for legal support today. Our firm understands the mental and emotional turmoil of dealing with child support negotiations, especially as you seek to protect your child from heated arguments. Rest assured that Attorney Susanna Tuan will provide the empathetic and compassionate helping hand you need to navigate an intimidating legal system. With her strong negotiation skills and deep dedication to her clients’ wellbeing, Attorney Tuan will do her best to help you obtain the favorable results you and your child deserve.

To learn more about how People Law Practice can help, contact us online or at (415) 849-2278 today.