What to expect when it comes to Child Support
Child support can be a difficult issue parents face, especially for affluent families. That’s why it’s important to have an experienced family law lawyer on your side to help you navigate the process and protect your interests — and those of your children. The lawyers at Moradi Saslaw are here for you.
What are the factors that go into determining Child Support?
Parents are given the opportunity to determine child support themselves, but when that isn’t possible, it’s up to the courts. California law states that children are entitled to live at the same standard as the wealthier parent. Child support is usually determined by a state and/or county formula that takes multiple factors into account, including:
- Number of children
- Amount of time spent with each parent
- Each parent’s income or earning potential
- Cost of health insurance paid by the parents and additional financial obligations
- Tax filing status and deductions
- Special hardship circumstances, such as high medical costs
The court will evaluate the factors and make a ruling on which parent will pay, and the amount of the payment. The court has little discretion to vary the predetermined state/county formula for child support. However, the court has wide discretion to decide the figures that influence the dollar amount ordered. At Moradi Saslaw LLP, we will analyze financial information including assets and income of both parties to help you reach a fair child support figure.
Can Child Support be changed?
A child support order is modifiable if there has been a change in circumstances that affects the support owed, including:
- A change in the amount of time the child spends with each parent
- A change in income, assets, or debts for either parent
- Other changes in the child’s financial needs, such as medical expenses that were not present when the initial support order was made by the court
- Hardships suffered by either parent
- Retirement of either party
- Changes in tax filing status and deductions
The duration of child support is usually a standard length of time. In most circumstances, child support will be terminated when the child marries, dies, reaches the age of eighteen years old (or nineteen if the child is still in high school and living with a parent), or is emancipated.
An experienced and diligent child support attorney can aid parents in navigating the complex statutory formula for child support. This is achieved through knowledge of the law and expertise in recognizing the important factors, like the Extraordinary Earners Exception. When a parent’s standard of living is so high it exceeds the needs of the child, the court is allowed to deviate from the standard child support formula.
Moradi Saslaw knows how to deal with extraordinary earners and other unique scenarios. And with the right legal assistance, parties will get a child support order that correctly reflects the financial needs of each party and the needs of their children.