Fresno Child Support Lawyers
Fighting for Your Child’s Best Interests
If you are a divorcing parent with children, one of your primary concerns is probably a fair decision regarding child support payments. Whether you are a parent seeking child support or a paying parent who needs help getting a fair deal, you need excellent legal counsel. A child support decision can have long-lasting effects on your life for years to come, making these matters critical for your family’s future.
In a divorce, either parent may be ordered to pay child support. The precise amount is based on the earning capacity of each parent, the number of children, and the amount of time the children spend with each parent. Child support, in most cases, is paid until a child is 18. To request child support, you must ask for a court order compelling the other spouse to begin making payments.
When you have questions and concerns about child support, we can help. Our lawyers have advocated on behalf of parents and children since 1992. We fight to ensure necessary payments are ordered and to see that those orders are enforced. We will work tirelessly to develop a case in your favor that gets you the results you need for financial stability after your divorce. Call 559-545-0383 to schedule a free consultation with our Fresno child support lawyers.
What Options Do I Have for Child Support in Fresno?
Unlike other matters that arise in a divorce, child support decisions may not be made simply by negotiating with the other parent. These payments provide the basic necessities of life and are critical to ensuring that children enjoy the standard of living that will best benefit them. Even if one parent or both agree to provide support, the matter must be approved by a judge in a court of law.
Court-ordered child support protects children and parents. It makes it more likely that the paying parent will pay child support over a longer period of time. It also gives the receiving parent legal recourse if payments are not made. Having child support determined by a judge ensures that the payments will be high enough according to California child support guidelines.
Some issues that can be addressed in mediation or negotiations outside the courtroom include visitation rights, custody, and division of marital property. Resolving these matters with the help of a divorce lawyer can save you and your spouse time and money. You get a say in the final child support order by presenting your argument and facts before the judge. However, you should expect to get your final child support order from a judge after appearing in court.
How Are Child Support Decisions Made in California Courts?
California child support orders can be complex because of the many factors that go into these decisions. A child support attorney plays a critical part in reaching child support decisions by providing evidence and skilled arguments in favor of their client’s financial needs. The final child support order will be based on many factors, especially the ability of each parent to provide a stable environment and meet the needs of the child.
Parents’ Ability to Pay Child Support
California’s child support law provides guidelines for determining how much child support should be paid, taking into account each parent’s ability and responsibility.
Some items that are considered when determining child support amounts include:
- Gross monthly income of each parent, which includes disability, military pay, bonuses, overtime, and supplemental income before taxes
- The amount of time the child spends with each parent
- The number of children being raised by the parents
- Child support payments received because of past divorces
- Reductions due to retirement pay, health insurance, and other costs
- Cost of daycare
- Cost of medical care
- Tax filing status of each parent
- Age of each child, including whether the child is legally emancipated
Child’s Financial Needs
The money needed to raise the children also plays a vital role in determining who should pay support and how much is needed. A judge will consider the following when calculating the amount of child support needed in your case:
- Daycare or babysitting while the parent works or goes to school
- Costs of traveling to visit the other parent
- Medical expenses
- Educational expenses
- Special needs, within reason
Does Spousal Support Affect Child Support Payments?
Divorces in Fresno County often include child support and spousal support orders. These are two different types of payments and do not directly affect each other. In some cases, an individual may be awarded both types of support. It is essential to understand what each type of payment includes in order to seek the financial support you deserve in your divorce.
Spousal Payments
Also known as alimony, spousal support provides financial assistance for a divorcing spouse who is unprepared to provide for themselves. There are different types of support for a spouse unable to enter the workforce. Some individuals receive temporary spousal payments while they attend school or get training for a job. In other cases, the divorced spouse has a disability or is too old to enter the workforce, making it necessary to award permanent spousal support.
Child Support Payments
Child support ensures parents have the funds necessary to provide for their children. These payments are determined based on each parent’s ability to pay, the child’s needs, and how much time the children spend with each parent. Seeking child support can be frustrating, but it plays an integral part in your and your child’s well-being. Contact our law office immediately if you need help getting fair child support payments or are protecting yourself financially from an unfair court order.
Can Child Support Arrangements Be Modified in California?
Either parent may ask for a modified support order when circumstances justify it. Changed circumstances can include a parent’s income or a child’s needs.
Child support modification may also be considered when:
- Either parent has lost a job or been incarcerated
- Another child has been born to either parent
- The amount of time spent with either parent has substantially changed
- The child’s childcare, educational, or medical needs have changed
- Any factor emerges that significantly impacts the child or the support order
Don’t go it alone when attempting to modify your child support order. Contact a child support lawyer to provide evidence that clearly demonstrates you deserve a change in your child support payments.
Can a Non-Custodial Parent Receive Child Support?
Child custody typically has a direct effect on whether you will be making or receiving child support payments. In most cases, the parent with physical custody of a child will receive child support to provide an appropriate standard of living. This may include costs such as housing, food, clothing, education, medical services, and activities.
On the other hand, there are instances where a non-custodial parent receives child support payments. Non-custodial parents often have visitation rights and other responsibilities in relation to raising the child. They may also have legal custody, which includes the right to have a say in how the child is brought up. Furthermore, a custodial parent who has a significantly higher income than the non-custodial parent may be assigned child support payments.
Another case in which a non-custodial parent may receive child support is if they are disabled or are in another unique situation where they need help providing for themselves and the children. However, this financial support may be more accurately described as alimony or spousal support.
For help getting the money you need to live the life you deserve, contact our law firm right away. Our attorneys will fight aggressively for your best interests in your divorce, including getting you the amount of child support necessary to provide for yourself and your child.
How Can a Child Support Lawyer Help Me?
Getting the child support order you need is critical to your future and your child’s well-being. This can mean having payments that are neither too high nor too low. No matter what circumstances you’re facing, a child support lawyer can play a key role in ensuring your final court order is fair and meets everyone’s needs.
Some ways a child support attorney can help include:
- Finding your ex to serve them with a court notice
- Establishing paternity
- Gathering evidence to prove your needs regarding child support payments
- Negotiating other critical decisions during your divorce
- Organizing child support payments
- Presenting the facts before a judge with confidence
- Documenting income received by your ex
- Providing evidence of your income
- Ensuring enforcement of child support
- Modifying child support agreements when necessary
Don’t leave such crucial decisions up to the court and your ex. Contact a trusted child support lawyer like those at Tomassian, Pimentel & Shapazian. We have over 75 years of experience helping clients overcome challenges, including family law matters like child support. We will protect you from financial harm and help you achieve the results you are looking for in your family law case. Call today for a free case review.
Should You Hire Our Fresno Child Support Attorneys?
Getting a fair and just child support order is key when going through a divorce. Whether you are a receiving parent who needs money to provide for your children or a paying parent who needs to protect your financial well-being, we will be there to help.
The attorneys at Tomassian, Pimentel & Shapazian can also review your current situation to ensure that it is fair and adequate to meet the child’s needs. If you are seeking a child support order or the modification of an order, let us handle the negotiations and details on your behalf.
For over twenty years, we’ve been the family lawyers that parents turn to for help. We maintain flexible hours and promptly return every call. We serve clients in Fresno, Madera, Tulare, Kingsburg, and Hanford counties. Our staff speaks Spanish and French, so don’t let language be a barrier. Call Tomassian, Pimentel & Shapazian today at 559-545-0383 or contact us online to schedule a consultation.