Orange County Child Support Attorney
As a parent, receiving fair child support can be one of the most critical factors in your ability to provide proper care for your child. Additionally, child support can be one of the most contentious matters during a divorce. Courts take the issue of child support and the protection of children during and after a divorce very seriously.
Generally, it's the non-custodial parent who will be required to pay the custodial parent for the support of a child. In some cases, parents are able to agree amongst themselves the amount of child support that is to be provided.
Determining Child Support using the California Family Code
When parents are unable to agree on an amount between one another, then a determination will be made using the California Family Code. The dollar amount that will be concluded by the court is going to be based on the cumulative gross income from both parties, the amount of time the child spends with each and the parties tax deductions.
The Law Offices of Larry Bellomo represents both men and women in cases of Child Support. Determining the legal compensation due is based upon a formula, and therefore tends to be a very straightforward task. With that said there are a number of factors that can have a significant impact on the final determination, these include:
- Gross income of the higher-income party
- Gross income of the lower-income party
- Amount of time (as a percent) that the child(ren) spends with each parent
- Number of children
- Medical insurance premiums for both the party and the child(ren)
- Financial deductions for each party
- Special needs of the child, if applicable
If you having questions regarding the amount of compensation you're entitled to, seek the opinion of a professional attorney, whether or not it is our law offices. If you would like your free consultation with us, get in touch today at (949)380-3030 or simply send an e-mail to Contact@LarryBellomoLaw.com
Child Support Modifications
It's common for the amount of child support owed needs to be modified. There are a number of situations which might make this determination necessary, such as:
- Loss of job/income
- Increase in income (such as from a promotion)
- Financial hardship due to medical care
Today, Child Support has become built into the fabric of employment as it is now payable by wage assignment. Employers can be required to withhold the portion of an employees paycheck that is due to be paid to child support. They will then pay this directly to the parent to which it is due.
For the receiving parent, child support is not taxable. For the paying parent, child support is not deductible.
It is very rare for the income of a new mate to be used for child support. Although it is possible, it is also possible for child support to be decreased in these circumstances, as the payee being placed into a higher tax bracket can consequently increase the amount they pay in taxes to the Federal Government.