Under California law, a parent may be entitled to collect child support if he or she has been granted sole physical custody of the child or children. In most cases, the custodial parent may be entitled to receive child support until such time as the child reaches the age of 18. If the child suffers from a disability, that time period may be extended out even further.
It is important to note that if the parents cannot reach an agreement on child support, a California court will decide the issue of child support pursuant to the California Child Support Guidelines. The experienced child support attorneys at Rick Banks Law can assist you with drafting a workable child support agreement and can help with streamlining the overall process.
Requesting Child Support in California
Requesting child support in California typically requires that you file a petition for support with the California court where your family law case is pending. Each parent will be required to furnish information about their income levels and tax liabilities in order for the court to issue a support order that is fair to both parties.
When a court decides child support based upon the Guidelines, it will usually consider the number of children involved, each parent’s net income, the amount of time each parent spends with the children, each parent’s tax liability, and any special health considerations regarding the minor children.
Child Support Modifications
Once a California court enters a child support order, that order may be modified based upon a showing of a material change in circumstances. Material changes in circumstance may consist of one or more of the following:
- Loss of a job
- Pay cut or other income reduction
- Ex-spouse’s increase in income or salary
- Remarriage of an ex-spouse
- Child’s adverse medical condition
Child support orders are subject to modification as many times as necessary while the custodial parent is receiving the support – usually until the child reaches the age of 18 or becomes independent. When a child joins the military or requires special care or disability care, that time period may be extended beyond a child’s eighteenth birthday.
Child Support Enforcement
When a non-custodial parent fails to pay or stops paying child support, the custodial parent can seek legal redress through the California court system. A child support order may be enforced by garnishing the other parent’s wages, seizing the other parent’s personal property or bank accounts, placing a lien on the other parent’s real estate, and/or obtaining the other parent’s tax income refunds.
A non-custodial parent who fails to pay child support may also be subject to civil penalties, loss of professional license, loss of driver’s license, and even jail time. Our experienced Fresno child support lawyers can help you petition the Court to enforce a child support order.
Contact a Fresno Child Support Attorney Today to Discuss Your Case
As the custodial parent, you have a right to receive child support from your ex-spouse for the care and upkeep of your minor children. An attorney may be able to assist you with obtaining an enforceable California child support order. Call the experienced child support attorneys at Rick Banks Law at 559-222-4891.