Child Support

Marin County Child Support Attorney

The divorce and family law attorneys at Warren Major LLP specialize in child support issues, with over 17 years of combined experience.

Our Marin County family law attorneys understand that you’re pressed for time during your child support hearing. That’s why we work quickly and efficiently to present the court with an accurate portrayal of your finances.

At Warren Major LLP, we are dedicated to providing the best possible outcome for you and your family. We understand how difficult this process can be, which is why we work closely with our clients to ensure that all relevant information is presented and considered. If you would like a free case evaluation, please do not hesitate to call us at (415) 286-5440.

California Family Code § 3900 obliges parents to support their minor children “in the manner suitable to the child’s circumstances.” In addition, every single one of the parent’s minor children is owed a duty of support, whether or not they are born from the couple married or otherwise.

Duty To Support Minors

Parents must support their minor children until the child reaches 18 years of age. However, in some cases, such as if the child is disabled or still attending high school, that obligation may continue past 18.

Mandatory Statewide Formula

When determining support, the courts apply a mandatory state-wide formula that takes into account:

  • the parents’ income,
  • how much time the children spend with each parent,
  • as well as other discretionary factors. (CA Family Code § 4055.)

 

The formula determines an amount based on both parents’ living standards. In other words, the order may indirectly benefit the custodial parent because it may increase their standard of living. Family Code § 4053(f) states: “In light of this statutory language, child support should help improve the standard of living of the custodial household so that children enjoy an improved quality of life”

The Uniform Guideline’s stated purpose is to encourage efficient settlements between parents and reduce the need for litigation, as mentioned in Family Code $ 4053(j). In addition, case law has clarified that trial courts no longer have broad discretion when ordering child support (In re Marriage of Carter, 26 Cal. App. 4th 1024, 33 Cal. Rptr&1 (1994)).

The Statewide Guideline

Although the purpose of the statewide guideline is clear, and there should be no trial court discretion, there is still a lot of litigation regarding income availability. Family law judges define income in line with how the Federal Government does.

You shouldn’t have to bear the brunt of an unfair child support order. To ensure this doesn’t happen, our legal team will utilize every form of discovery available to get a clear view of the other parent’s income and assets. In these proceedings, both parties usually have unrestricted access to each other’s financial lives. Even so, you need a knowledgeable family law lawyer who knows how to conduct discovery effectively and locate all potential sources of income.

Support is based on both parents’ incomes and how often the child spends time with each parent. Utilize this calculator to get a more accurate estimate of what you might owe or be owed in child support.

Under California Family Code §4057(a), the amount determined using the guidelines is

  • “presumed to be the correct amount”, and
  • a court will order the guideline level of support unless there is good cause for ordering a different amount.

While the formula is complex, there are online tools to help you calculate support. The standard software family law attorneys use is the “Dissomaster”, which can be found by clicking here. The State of California government site also offers this calculator free of charge.

You must provide copies of all documents that influenced your income calculation at a contested support hearing. Examples include:

  • Pay Stubs
  • W-2 Forms
  • Tax Returns
  • Income and Expense Declarations, and
  • Any other documents that will help the court determine your income

 

The Court Has The Legal Right

The court has the legal right to make temporary child support decisions during a divorce, so if you’re going through one and are concerned about your children’s wellbeing, get in touch with us as soon as possible. Additionally, the court may choose to deal with only the support issue before continuing with anything else – this process is called bifurcation (or separation).

Modification

Child-support orders don’t have to be permanent. If you or the other parent has had a change in circumstances or custody, you can ask for a child support modification. At Warren Major LLP, our family law and divorce attorneys are experienced in reducing or increasing support, depending on the situation. If you want to modify child support, call us today so we can discuss your case’s specific facts.

Get Help Today From An Experienced Child Support Attorney

Marin County family courts can be convoluted. With the help of our Marin County divorce lawyers here at Warren Major LLP, we will get you through this process- starting with a free case evaluation. Our attorneys have handled cases like yours for years and are more than qualified to take on your legal battle.

 

Warren Major LLP

101 Lucas Valley Road
Suite 362,
San Rafael, CA 94903
United States (US)
Phone: (415) 286-5440
Email: mmajor@warrenmajorllp.com
URL: https://www.warrenmajorllp.com/

 

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