Child Support Lawyer in Rancho Cucamonga

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Child Support Attorney Serving The Inland Empire

Attorney Taylor WarnerChild support is often one of the most contentious issues, both during and after the divorce. There are significant financial ramifications for both parents. The Law Office of Taylor B. Warner APLC works with both paying and receiving parents when there are any disputes.

Although California law uses Guidelines to determine the amount of child support, there may be numerous legal issues involved. Then, there could be disagreements over what additional items are included with child support. While the parents may reach an agreement on child support, courts are often asked to decide these matters.

For help both during and after a divorce, reach out to the Law Office of Taylor B. Warner, APLC. We will get to know you and your circumstances before giving you customized legal advice for your circumstances. Call us today at (909) 466-5575 to schedule an initial consultation or fill out a contact form so we can discuss your specific family law needs.

The Law Office of Taylor B. Warner, APLC is located at 10535 Foothill Blvd, Suite 235 Rancho Cucamonga, California 91730 (open in Google Maps). Our office is located on the South East corner of Foothill & Haven just one block away from the Rancho Cucamonga Superior Court and we handle cases throughout San Bernardino & Riverside Counties.

Parents Have the Legal Obligation to Support Their Children

Child support is a right that belongs to the child. They must be supported by both parents and share in their financial resources. The public policy behind the law is that the children should have as high of a standard of living as possible. The law recognizes that California is costly, and children should not pay a material price because their parents are no longer together.

Even though California law lays out Guidelines that are intended to determine the amount of child support, there are still often disputes between parents. The Guidelines consider the parents’ respective incomes and the time that the child spends with each parent. The calculation results in the noncustodial parent paying child support to the custodial parent.

The Guidelines are not necessarily an amount that is automatically ordered by the court. The Guidelines do create a rebuttable presumption that one parent would need to present evidence to refute. In many cases, the court will go along with the Guidelines. The judge would need to document why they are departing from the Guidelines.

What a Parent May Pay as Part of Child Support

Child support may consist of a number of things. All child support orders will require the noncustodial parent to make a monthly payment. Then, child support may include other expenses associated with raising the minor children, including:

  • Educational expenses (if the parents have agreed on private school, or it has been ordered by the court)
  • Extracurricular activities
  • Work-related child care
  • Extraordinary medical expenses

Additions to child care include both mandatory and discretionary add-ons. For example, health care expenses are a mandatory add-on, while travel expenses are discretionary. The court retains the ultimate authority to determine what could be added to child support. Understand that the base amount as calculated by the Guidelines is exactly that, and the paying parent may end up having to pay additional amounts.

Procedure for Child Support in California

The child support process begins when one parent files for a divorce or opens an action with the California Department of Child Support Services. Once the request is opened, the parents would need to exchange financial information with each other. They would need to exchange income and expense declarations. If the parents do not have an agreement, the court would hold a hearing where it would consider the information submitted by the parents and their testimony.

How Child Support Is Determined in California

Like every other aspect of a divorce, child support may be determined by agreement of the parents. However, the court will need to approve the amount of child support. The court may not sign off on the agreement if the amount of child support is abnormally low. The court does not necessarily want the child to be shortchanged from their own rights.

If the parents are not able to agree on a child support amount, the court could decide the issues, and the judge would likely apply the Guidelines. The parents may disagree about inputs into the Guidelines, such as the income that would be used for each parent. One parent may believe that there are reasons why the Guidelines should not apply. Either way, the judge or a Family Court Commissioner would have to lay out the basis for their child support ruling.

Child Support Modifications

Circumstances may change over time. Either parent may seek a modification of the child support order based on these changed circumstances that could result in a lowering or raising of child support. Again, the parents can agree on a modification themselves, or they can take the matter to court.

Contact a Child Support Lawyer

Support determinations are crucial, and you cannot afford to be without an experienced child support attorney. Call the Law Office of Taylor B. Warner, APLC today at 909-466-5575 to get the legal help you need.

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