Fullerton Child Support Lawyer

Fullerton Child Support Attorney

All parents in Fullerton, California, want to ensure that their children have the adequate support that they need to grow and thrive during their developing years. During a divorce, one such legal process enforced by the law can ensure financial support for the child is child support. If you have a child custody case that is under dispute, or you are not sure how much child support you will be entitled to receive or pay for your child, then a Fullerton child support lawyer from the Law Offices of Ronda A. Middleton can help clarify the situation.

A Fullerton lawyer from our local family law firm can help ensure that child support payments are being made on time and that court orders are being followed. If the situation of your divorce has changed, such as a change in the income of you or your ex-spouse, then a lawyer from our firm can help you with the child support modification process.

Whether you are a custodial parent or a noncustodial parent who is paying or receiving child support payments, the Law Offices of Ronda A. Middleton can provide you with the legal support you need to ensure that your child is cared for while protecting your rights as a parent.

Understanding What California Laws Say About Child Support

Both parents should support a child or children, according to California laws. The court does not have discretion in determining child support amounts but rather calculates and makes an order for “guideline child support.” The state uses a complex formula to calculate how much a parent may need to pay to the other. Determining factors include the following:

• Each parent’s monthly income, including interest, dividends, and self-employment
• How many children need support
• Which parent has primary custody, if applicable
• How much time the children spend with the other parent

The parents are free to make an agreement as to the amount of support one parent is to pay the other parent, and, in most cases, the court will accept this agreement even if it’s different from what the guidelines-based support would determine. Child support is payable until a child reaches the age of 19, reaches the age of 18, and is no longer a full-time high school student, dies, marries, or becomes emancipated.

At The Law Offices of Ronda A. Middleton in Fullerton, we help ensure that our clients understand their respective rights and obligations. This includes helping clients gather accurate information to be used to determine a correct child support amount. With all family law matters, it is important to consult with an attorney about the specific facts in your case. Ronda A. Middleton is ready to protect your rights and best interests.

Child Support Modifications in Fullerton, California

Situations change, and sometimes, the amount of child support that is calculated for one parent to pay to another may no longer be relevant. For this reason, a parent can request a change in the amount of child support being paid. The child support payment can be increased or decreased.

In order to facilitate the process of modifying the child support payment amount, you can contact your local child support agency, which can take cases for free. An experienced child support lawyer from the Law Offices of Ronda A. Middleton can also help you submit the appropriate papers you need to the court.

What Are the Reasons For Requesting An Orange County Child Support Modification?

There are various reasons that people may have for requesting a change in the court-order child support payment agreement. Conditions are rapidly changing in California, and factors like inflation and mass layoffs can affect a family and the ability of a parent to pay child support. If you meet any of the following criteria, you can ask for CA child support modification:

• You are hired for a new job, or you are hired for an extra job.
• You get fired or released from your old occupation.
• The other parent’s income, or your own income, decreases or increases.
• You are facing new challenges with a disability.
• You or the other parent has been convicted on charges.
• You or the other parent gets deployed into active duty.
• New family members are added, or you lose a family member.
• There are changes in the custody or visitation agreement.

If you are unsure about whether your specific situation qualifies you to file for child custody modification, then it is encouraged to speak with a compassionate family lawyer from the Law Offices of Ronda A. Middleton. Our legal team can analyze your case and advise you on the most sensible steps to ensure that your child gets the financial support you need while protecting your rights.

What Do I Need for CA Child Support Modification?

In addition to filing for a child support modification with the California courts, you will need to provide particular evidence to prove that specific circumstances have changed, thereby necessitating a change in the payment amount. It’s important to note that requesting a modification is completely free of charge.

You will need to show proof of your income and any other expenses that you may have, as well as the expenses that have been spent on child care. If you are receiving unemployment benefits or retirement income, then this must be shown as part of your income.

You will also need a copy of your disability status proof and medical insurance. You must also present the most recent custody arrangements and visitation schedule.

A child support lawyer from the Law Offices of Ronda A. Middleton in Fullerton can support you with collecting the necessary documents and filling out the paperwork for your child support modification process. They can handle all of the complex administrative work so that you can focus on caring for yourself and your child.

How Does the Fullerton Child Support Modification Process Work?

The child support modification process can be complex. Therefore, it is vital to work with an attorney who is informed on local family law, as well as the court processes in Orange County. After you submit the petition for a child support modification, along with the supporting paperwork, the local child support agency will analyze everything and decide whether a modification is necessary.

It is possible to agree to a certain amount of child suppor. In order to do this, you and your ex-spouse or the other parent must sign off on a “Stipulated Agreement.” This is a document filed with the court that says both parents have agreed together on a new specific amount. If no “Stipulated Agreement” is presented, then both parties will be notified to attend a court hearing, where a judge will report the final child support amount.

What Should I Do If My Child Support Modification Request Is Rejected

When you file a request for child support modification with your local child support agency, they may either accept or reject it. If your local child support agency rejects your request, this does not mean that you cannot still get the child support amount changed.

The next step would be to go to court. During a court hearing, a judge or commissioner will analyze all of the evidence for a modification and make an informed decision. The legal team at the Law Offices of Ronda A. Middleton can assist you with appealing a rejected modification request.

Frequently Asked Questions About Child Support

It is important that the support you pay or receive accurately reflects the needs and circumstances of your individual situation. Contact our family law attorney for answers to your questions, such as the following.

What if one parent earns less than they are capable of?

The family law court will estimate how much income a parent can earn, even if the parent does not work. Vocational experts can help evaluate whether a parent is earning less than they could be making.

What about irregular income?

When income is seasonal or fluctuating, including occasional bonuses or overtime pay, the court may order income averaging over time and/or sharing of a percentage of occasional income. An experienced child support lawyer in Fullerton can look at your different forms of income, as well as other assets, to help you understand whether you are currently paying too much child support or if you are not receiving enough child support.

What if either parent remarries or has a new domestic partner?

Usually, the court does not consider the income of a parent’s “new mate” unless not including it would create a hardship for the child.

How does the court assign responsibility for expenses such as health insurance, private school tuition, and travel costs?

When calculating child support, the court takes into account whether one parent or both will pay medical insurance premiums, private school tuition, travel costs if the parents live in different cities, and other discretionary items.

What about child care costs?

The court considers child care, which is added to the guideline amount, and it is usually split equally between the parties.

Who will pay for college?

The parties may agree on how to share the costs of college for a child, but a court has no jurisdiction to order a parent to contribute to a child’s college education. However, if the parties make an agreement regarding the matter, a court can enforce that agreement.

While the California courts do not unconditionally protect the right of a child to have their higher education supported by child support payments, this can be worked into a divorce agreement. Therefore, it’s critical to work with an experienced divorce attorney who can help take your child’s current and future interests into account.

For example, if your child is an infant, then a family law attorney from the Law Offices of Ronda A. Middleton can help you work out a child custody and support agreement that ensures that they will have support to go to an esteemed daycare and have adequate pediatric healthcare provisions. However, it can also be written into the divorce agreement that payments will need to be allocated towards education. This can include money deposited into their university savings fund or a stipulation stating that after the child graduates high school, child support payments must continue and cover college tuition and expenses.

Speak With Our Child Support Attorney

If you need to establish child support or find yourself unable to pay child support as ordered because of unemployment, disability, or another reason, seek legal counsel. In addition to helping establish fair child support, Ronda A. Middleton assists clients with child support enforcement, modifications, and challenges.

Call 714-680-9777 or email us through this website to arrange to speak with our lawyer, Ronda A. Middleton, about child support, child custody solutions, or any family law matter.