In a child support case in California, some supporting parents - known as the obligor - will pay via an income assignment. In these situations, the money will be taken directly out of the person's paycheck and sent to the receiving parent. For some supporting parents, this is not an issue and the payments are guaranteed to be made without needing to do anything else. In other cases, however, there are issues with the income assignment and they want to have it quashed or voided. Knowing what the law says about such a request and when it can be done is important to a case.
When a child support order is made in California, parents should understand that it is based on circumstances. The situation will determine how much is paid at the time of the order. If the situation changes, so too can the amount that is paid and received in child support. A child support modification can be done if the necessary conditions are in place. For parents who need to have an order modified, having legal advice is one of the most critical aspects to doing so successfully.
One of the most contentious issues that California parents will face as part of a divorce settlement is child support. This can continue after the case has been concluded as some noncustodial parents will have problems with delinquent payments and all the negatives that entails. Not only does it hinder the custodial parent's abilities in raising a child, but it is against the law and car result in a variety of legal issues of the noncustodial parent.
When a California court decides that a parent should pay to support a child, it is done with the best interests of the child in mind. The amount ordered is what is deemed necessary for the child to survive and thrive. If the parent fails to make those payments, it is a legal violation and it can cause problems for the supporting parent and the custodial parent. Custodial parents should remember not to take matters into their own hands when there is a child support dispute. There are steps that can be taken by the state to collect child support. Knowing how to go about getting this help is key.
After a California couple has divorced and there is a child support agreement, there are often questions as to when it can be modified and what circumstances are necessary to do so. The supporting parent and the parent who has custody and receives support will frequently start a new relationship with different individuals that result in marriage. Under the law this is referred to as a "subsequent spouse." Understanding how the child support guidelines address a subsequent spouse in the context of what is paid and if the agreement can be modified is important for both sides.
The goal with spousal support and child support in California is for the former spouse to be able to survive and the best interests of the child to be met. With an order based on the child support guidelines, it is not a punishment against the supporting parent and a reward to the receiving parent. It is done so everyone can be supported. However, it is unavoidable that issues might arise where there is a child support dispute or the paying parent is not making the necessary payments on time and in full.
California couples who are getting a divorce will want to have a major say in how their children are raised. That can often lead to a child custody dispute. Even in cases where the couple is amicable and able to hash out their differences without a great deal of vitriol, it is still not unusual for there to be concerns about a child's living arrangements and which parent will be the primary custodial parent.
When a California couple can no longer maintain their relationship and choose to part ways, having children and determining the custody and visitation rights can be one of the most difficult aspects to deal with. The primary factor is the best interests of the child, but both parents will have their own viewpoint as to what that entails. Parents should be prepared for these issues and have legal assistance to settle it to their satisfaction.
Many children in California are born out of wedlock. Oftentimes, this raises issues with regard to paternity. Why does this matter? For a number of reasons. To start, a child will likely want to know the identity of his or her father. Additionally, child support can only be obtained from a father once paternity has been established. Also, a man has no legal right to visitation with or custody of a child without first having established paternity.
Recently on the blog we discussed domestic violence and the effect it can have on children. This is no small issue, as it affects thousands upon thousands of California families. Many of those individuals who find themselves in a situation where domestic violence occurs may be afraid to seek change, but taking action is often necessary to ensure their safety, as well as the safety and well-being of their children.