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Carlsbad Family Lawyers For Child Custody And Support

If you are divorcing with children or are involved in a paternity case, it is critical to understand how California child support is determined and the nature of this obligation once orders are entered. At Burke & Domercq, APC, a knowledgeable Carlsbad child support attorney will consider the facts of your case and help you strategize and plan accordingly.

Full-Spectrum Family Law Counsel From Carlsbad Divorce Lawyers

Simply stated, monetary support orders for children are determined by facts and numbers. Deviations can happen in this formula, depending on both parents’ incomes and expenses as well as the time that the children spend with each parent. It is not likely that other factors will play a part, but it is possible under specific circumstances. We help our clients with:

  • Seeing these support orders are created on accurate information from both sides – which can require investigation to prove hidden income or other unique factors
  • Building divorce strategies by predicting the likely child support order.
  • Settling paternity matters and related child support problems
  • Working to defeat or approve modifications of a divorce agreement because of notable changes in circumstances or the child’s needs

We are often asked if one must use the California guidelines when calculating child support for children after a divorce. There are valid reasons for what is known legally as a “deviation” from the guideline support. The court will require very specific and detailed reasoning and supporting documentation.

The experienced certified family law specialist at Burke & Domercq, APC, work with our clients to evaluate their unique scenarios to determine the best possible strategy. It may be possible to offset guideline support with other income or a shift in the division of community property or other assets.

Post-Decree Child Support Modifications

Many parents find the need to modify their child support orders following a substantial change in their lives. Some reasons to seek a post-judgment modification include:

  • Increase in income
  • Decrease in income
  • Change in a parenting schedule
  • Deployment for military service
  • Incarceration of one parent
  • Change in child’s financial needs

We can help you pursue the outcome that allows your children to thrive.

What Are The Allowable Uses Of Child Support Payments?

Child support payments are intended to cover the basic needs of a child. These include (but are not limited to):

  • Food
  • Shelter (housing)
  • Clothing
  • Medical and dental care
  • Education (including school supplies, tutoring and extracurricular activities)
  • Child care or day care expenses
  • Transportation
  • Entertainment and recreational activities
  • Miscellaneous costs related to the child’s well-being

In addition to expenses, a child may receive child support add-ons under certain circumstances. Add-ons are expenses besides basic child support, such as child care, health insurance premiums and uninsured medical expenses.

These add-ons are not automatically included in a child support order. Both parents must agree, or the court must order these expenses to be included. Courts will consider the financial circumstances of both parents when deciding whether to include add-ons in a child support order.

Steps To Take If Unable To Pay Child Support Due To Job Loss

Losing a job can be challenging, especially when you have child support obligations. Here are some steps you can take:

  • If you can afford a partial payment, pay what you can rather than not paying at all.
  • Inform your ex-partner of your situation immediately and try to reach a temporary agreement so that they can adjust their budget.
  • File a request with the court to formally modify the child support order based on your change in income.

Finally, consult with a family law attorney to understand your rights and obligations.

How To Handle It If Your Co-Parent Refuses To Comply With A Child Support Order

Every parent must financially support their children – but some parents just will not pay up. If your co-parent refuses to pay support, your attorney can file a motion to hold your co-parent in contempt of court or request wage garnishment to withhold the support from their paycheck.

When you have a child support issue, seek legal assistance from a family law attorney who can guide you through the legal process, represent you in court and protect your rights.

Divorcing With Children? A Carlsbad Divorce Attorney Can Help.

Our attorneys have decades of experience advocating for parents’ and children’s best interests. We are financially savvy and widely respected in area courts and by our peers in the legal profession. For counsel you can trust on child support and other matters, please contact our firm or call 760-389-3927 at your earliest convenience.