What Are the Consequences of Not Paying Child Support?

It can be difficult to meet all of your monthly financial obligations; however, the consequences of not paying child support can be much greater than not paying other bills. If you are facing a nonpayment of child support situation, you need a skilled child support lawyer by your side. At the Law Offices of Rick D. Banks, we can represent you whether you owe child support or if you’re trying to obtain it from a noncustodial parent. Call us today at (559) 222-4891 for a free case consultation to find out how we can help you.

What Does Child Support Pay For?

Child support payments are set according to state guidelines and the needs of the child. When determining how much child support should be paid by a noncustodial parent, the court considers number of children, income of both parents, and ability to pay. Child support payments should cover the following:

  • Food, clothing, housing, and other basic necessities of children
  • Heath care and other medical expenses
  • Educational expenses and daycare costs
  • Extracurricular activities and clubs

Although some of these expenses are not considered needs, child support is established to cover a standard of living that a child would enjoy if both parents were together. Consequences of not paying child support include not meeting the needs of children and not providing them with the opportunities they deserve.

Legal Consequences of Not Paying Child Support

Child support is typically court ordered. If you fail to make payments, you can face the consequences of not paying child support. There are many legal repercussions for failing to make child support payments, including the following:

  • Leins on your property;
  • Warrant for your arrest;
  • Civil warrant to appear in court;
  • Suspension of your driver’s license;
  • Payment interception from retirement accounts, insurance claims, judgments, and more;
  • Wage garnishment;
  • Bank account seizure; and
  • Reporting to credit agencies.

There are many legal consequences to not paying child support. The state legislature and court seek to find any means necessary to encourage payment of child support.

What Should You Do If You Can’t Afford Child Support

Because the consequences of not paying child support are serious, it’s important to take action early if you think you cannot meet your obligations. You should reach out to a child support attorney to help you seek a child support modification. You might think you cannot afford an attorney; however, an attorney can save you a significant amount of money in the long-run.

If you are already behind on child support payments, you may be able to avoid consequences of not paying child support by seeking a payment plan. Talk to the other parent of your children or reach out to your child support enforcement agency. You may be able to establish a payment plan to reduce the arrears that you owe.

Seeking Modification of Child Support

If you are unable to meet the current requirements of your child support payments, you may seek a modification to avoid consequences of not paying child support. However, courts will only grant a modification for the following reasons:

  • Your income has decreased significantly;
  • Your custody or visitation orders have changed;
  • You are experiencing economic or medical hardships;
  • You have experienced a medical emergency involving the child; or
  • Your child’s needs have changed.

Your state may also allow for periodic review of your child support obligation. A skilled attorney can help you avoid consequences of not paying child support.

Avoid Consequences of Not Paying Child Support With the Help of a Lawyer

At the Law Offices of Rick D. Banks, we can guide you through the legal system and help you obtain a beneficial outcome for yourself and your children. Call us at (559) 222-4891 today for questions about consequences of not paying child support.

Adultery and Divorce: Does Cheating Impact Your Case?

adultery and divorceFamily law issues can be emotional and overwhelming, especially if they involve adultery and divorce. Child visitation, legal separation, visitation, alimony, and many other types of family law cases are significantly impacted by adultery and divorce. If you have questions about how adultery may have impacted your divorce, contact the Law Offices of Rick D. Banks today. We will evaluate your situation and help you understand your legal options.

Understanding Adultery and Divorce in California

California allows for divorce on a no-fault basis; however, you must state a reason for the divorce. Those reasons may include incurable insanity or irreconcilable differences. If you claim a no-fault divorce, then you don’t have to go to court to testify as to why your marriage failed. You may save money and obtain a quicker divorce by claiming no-fault.

However, some states allow you to place blame during a divorce. You may seek a fault-based divorce. Adultery may be your reasoning for divorce in a fault-based state. There are many reasons you may choose to place blame in a divorce. If you signed a prenup, you may want to prove that you were not to blame in the divorce. This may give you allowances through the prenup. You may seek property, such as retirement accounts or life insurance, that is only available if your spouse was at fault through adultery and divorce. Similarly, you may seek alimony, which may be available to you if you claim adultery as the reason for the divorce.

Although claiming a reason for divorce is not necessary in California, you may have many other reasons for pointing to adultery and divorce. If you want to show that your spouse should owe alimony, you may need the help of an experienced lawyer. We will investigate the situation and explain your options.

How Does Adultery and Divorce Affect Alimony?

By claiming adultery and divorce, you may have evidence to support your claim for alimony. Judges have leeway when deciding alimony. Alimony may not be awarded unless the court feels you need the funds and you were owed it due to your spouse’s actions during the divorce. If you have a situation that involves adultery and divorce, you may have a better chance of obtaining alimony.

How Does Adultery and Divorce Affect Child Support?

Child support is established based on the needs of the child and the ability of each parent to provide for the children. Although the court will not typically consider adultery when establishing child support, they will consider all evidence that your spouse is able to provide for their children. If they are able to provide for a new love interest, the court will likely consider them able to provide for their children through child support.

How Does Adultery and Divorce Affect Child Custody?

If your former spouse is engaging with a new love interest, the court may consider this detrimental to your children. Although the court would never keep your spouse from the children, it will consider adultery when determining child custody. If you have concerns about your children being around your spouse’s new partners, you should address the situation with the court.

For More Information About Adultery and Divorce, Call Us Today

If you are facing a difficult split with your former partner and wonder how adultery and divorce issues will influence things like custody, visitation, and alimony, you should consult with a skilled attorney who can walk you through the legal process. Call the Law Offices of Rick D. Banks today at (559) 222-4891.

Celebrity Child Support Cases That Took Some Stars to the Cleaners

celebrity child supportDisputes involving children can be complex, but nothing illustrates that more than celebrity child support cases. While the average monthly child support payment for parents in the United States is $430, celebrities typically pay much more. Because child support often considers parental income, many celebrities are expected to pay more than someone with the average income.

If you have questions about your child support payments, contact an experienced attorney at the Law Office of Rick D. Banks. We can help you understand what you owe and seek a modification, if necessary. Call us today at (559) 222-4891.

Celebrity Child Support Cases Are Usually Complex

Celebrity child support cases are often complex when it involves parents who are frequently in the public eye. If both parents are celebrities, the court may consider that both parents are able to equally meet the needs of the children involves. However, if one parent is not a celebrity, the one who’s famous could end up owning an astronomical amount of celebrity child support.

Charlie Sheen’s Child Support

Charlie Sheen has not one, but two baby mamas to pay celebrity child support – Denise Richards and Brooke Mueller. Richards has custody of the couple’s two daughters, Sam and Lola. Mueller has custody of twins Bob and Max.

In the past, Richards and Mueller even collaborated to get child support payments from Sheen, who fell behind. He was originally ordered to pay each woman $55,000 per month. However, when they went back to court in 2016, the court modified the order. Sheen now owes each of his baby mamas $25,000 per month.

Britney Spears’ Child Support

Everyone is aware of the mental health issues Britney Spears has experienced in the past. Her ex-husband, Kevin Federline, was originally awarded custody of their two sons and awarded $15,000 per month in celebrity child support. Then, in 2008, the parents went back to court and the order was modified for an additional $5,000, awarding Federline a total of $20,000 per month. Federline is a stay at home dad and does not work.

Casino Billionaire Child Support

Celebrity child support payments are often overshadowed by the amount paid by billionaire business owners like casino owner Kirk Kerkorian, who passed away in 2015. The battle for money began when Kerkorian’s wife of only 28 days divorced him and admitted that he was not the father of daughter Kira. However, Kerkorian still had joint custody and was ordered to pay $100,000 per month in child support plus many other costs until Kira turned 19. When the casino mogul passed away, Kira was 17 and was not originally awarded any money in his will. However, she fought the estate and obtained $8.5 million from his estate.

Other Notable Celebrity Child Support Cases

The more money a celebrity is worth, the more they owe in child support. Some other notable child support cases include the following:

  • Eddie Murphy was ordered to pay Spice Girl Mel B $51,000 per month for their daughter, Angel Iris.
  • Mel Gibson must pay Oksana Grigorieva $1,000 per day for their daughter Lucia.
  • Russell Simmons pays Kimora Lee Simmons a total of $40,000 per month for daughters Ming and Aoki.
  • Paul McCartney seems to have lucked out on celebrity child support. He only pays $6,000 per month to Heather Mills for daughter Beatrice. However, he also foots the bill for private schools and a nanny.
  • Owner of Revlon Ronald Perelman pays ex-wife Patricia Duff $12,825 for daughter Caleigh.
  • Marc Anthony was ordered to pay former wife Dayanara Torres more than $14,000 per month for two young children.
  • Halle Berry, who shares equal physical custody with Gabriel Aubry, pays $16,000 per month for daughter Nahla.
  • Mick Jagger agreed to pay Melanie Hamrick $15,000 per month for his newest son Devereaux.

Learn More About Child Support Today

Whether you’re famous or not, child support issues are stressful. Call the Law Office of Rick D. Banks today to find out how we can help you.

7 Things That May Affect Your Child Custody Arrangement

child custody arrangementDeciding a child custody arrangement that satisfies all parties is never easy. When two parents are unable to reach common ground, they may have to resort to the courtroom to settle custody disputes. Often, fighting for custody can be complex, and predicting the outcome is difficult when both parents present good arguments. However, it’s important to know that there are a number of factors that the court will consider when awarding custody.

The court’s goal is to choose an arrangement that’s in the best interest of the children involved. If you are in the midst of a custody dispute, check out these seven factors.

1.   The Parents’ Wishes

A judge will of course take into consideration the desires of both parents. If the parents are able to amicably agree on child support and a child custody arrangement that works in both of their favor, the court will generally honor those terms. However, problems arise if both parents are seeking full primary custody or haven’t yet agreed to the terms of the custody arrangements. The court will be forced to determine what is best for your children.

2. The Preference of the Children

The court doesn’t make its decision based solely on what the children want. However, it will take the children’s preference into consideration, especially if they are of a sufficient age. The judge may interview the children in an informal setting or appoint a social worker to talk to the child to get a feel of want they want and their opinion of each parent.

3. Each Parent’s Ability to Provide for the Child

Each parent’s ability to provide accommodations and care for the child’s needs will have a big impact on the child custody arrangement, as well as the child support arrangement. Being able to provide financial support is very important. The court will also look at living arrangements to ensure that there is room for the children in the parent’s home.

4. The Relationship the Child Has With the Parent

Typically, the quality of the relationship a child has with each of his or her parents will be analyzed. For example, let’s say the child tends to spend more time with one parent and has developed a stronger relationship with him/her. The judge may decide in the favor of whomever the child is closer to. An absentee parent or a parent who doesn’t spend much time with the child will likely be awarded visitation rights.

5. Willingness to Compromise With Each Other

Despite your negative feelings about a former partner, it’s essential to show that you are willing to compromise and cooperate during the process. Both parents will be interviewed to determine just how much they are willing to cooperate with one another and do what is in the best interest of their children.

6. Physical and Mental Health of Each Parent

Of course, the physical and mental well being of both parents are also taken into consideration. A parent who is struggling with substance abuse issues isn’t likely to be awarded custody. What about a parent who has a health condition that limits them physically? A parent with primary custody should be strong enough to attend to the needs of the child. A parent with a physical or mental condition that impacts his or her parenting skills will have a hard time getting custody.

7. Abuse and Neglect

Allegations or actual incidents of abuse or neglect will affect a child custody arrangement case. In instances where a parent is found to be making false accusations, the judge will consider that when making the final decision.

Contact the Law Offices of Rick D. Banks Today

If you are facing a custody battle and have questions about child custody arrangements, contact us today for a consultation.