Child Support

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Los Angeles Child Support

In California, child support is established by using certain guidelines that have been set forth by state law. California’s child support guidelines are based on the monthly income of each parent, as well as the amount of time that the child is cared for by each parent. Note that the family court will take all forms of income from all sources into account, regardless of whether or not it is reported or taxed under federal law.

The law also does not care if a non-custodial parent is not working at the time, has filed for bankruptcy, or is homeless–child support has to be paid and will be enforced. Moreover, it is now California law that a court can issue a wage assignment if one is requested at the hearing or upon ex parte notice whenever a child support order is made, even if there are no amounts in arrears at the time. A well-versed Los Angeles, South Bay, or Torrance family law attorney can further advise you with respect to your particular situation.

You should also keep in mind that the majority of child support court orders will allow a non-custodial parent to be placed in jail if they choose to disobey the law and not pay the required amount of child support. Non-custodial parents can be sentenced to jail time of up to six months. Even while he or she is in jail, he or she will still be held responsible for the amount of child support that is currently due, as well as any future payments that become due.

If the court does find that a non-custodial parent has failed to abide by the state’s child support laws, that individual’s license could be suspended after 30 days of default. Also, non-custodial parents who are prosecuted and sent to jail for disregarding their responsibilities will have a criminal record that will evince your failure as a federal offense. Further, delinquent child support payments will also show up on your credit report. If you think that you would benefit from the services of a skillful Los Angeles, South Bay or Torrance family law attorney, please call Daigneault Law (800) 682-7490 for a free consultation.

We welcome the opportunity to discuss these guidelines with you and apply them in your particular case. We run the same computer based programs used by the courts to accurately determine what support obligations will be owed. Both parents are mutually responsible for the support of their children. Equal responsibility exists regardless of which parent has custody of the child. However, it is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children. The statewide uniform child support guideline, takes into account each parent’s actual income and level of custodial responsibility for the children in setting child support amounts.

Parents may make agreements between themselves relating to their relative child support responsibilities. However, neither the court nor the children are bound by the agreement. Parents may not agree to waive or limit the right of a child to support. Nor may they agree to abrogate their own statutory duty to support a child, or attempt to divest the court of jurisdiction over child support. Parents may stipulate to a child support obligation and submit their agreement to the court for approval.

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