If you’re facing the prospect of obtaining child support in California, you may be wondering about the process and steps involved. Understanding how child support works in the state can help you navigate this aspect of family law with confidence. At Primus Family Law Group in San Diego, our team of California Certified Family Law Specialists are here to guide you through the child support process and ensure the best interests of your children are prioritized.
Understanding the Process
Step 1: Assessing Eligibility
The first step in obtaining child support is determining eligibility. Generally, child support is available to custodial parents or legal guardians who have primary physical custody of the child. In cases of shared custody, child support may still be applicable depending on the income disparity between the parents.
Step 2: Determining Guideline Child Support
Child support is calculated according to a Statewide Uniform Guideline calculator. The calculator uses information such as: the amount of time each parent spends with the child, each parent’s gross (NOT NET) income, health insurance premiums paid, property taxes and mortgage interest paid, and even voluntary and/or mandatory retirement contributions to determine what is the appropriate amount of child support to be paid. One can find many such calculators online but unfortunately those are not what the courts use, which makes it even more important to have a skilled attorney advocate for the right calculation
Step 3: Filing the Motion
Once eligibility is established, the next step is to file a motion for child support with either the family court or the Department of Child Support Services. This motion outlines the details of the child support request, including bases for the request. Primus Family Law Group, and their team of California Certified Specialists, can assist you in preparing filing and advocating the motion.
Step 3: Establishing Paternity (if necessary)
In cases where paternity is in question, it may be necessary to establish paternity before child support can be awarded. This may involve genetic testing and legal proceedings to confirm the biological relationship between the child and the alleged parent, if there is any dispute. Primus Family Law Group, and their team of California Certified Specialists, can provide guidance and representation throughout the paternity establishment process.
Step 4: Negotiation or Court Proceedings
Before or even after the motion is filed, once can certainly negotiate and resolve the issue of child support without needing to proceed with the hearing date. This process takes into account various factors, including each parent’s income, the child’s needs, and any special circumstances. Primus Family Law Group, and their team of California Certified Specialists, can represent your interests during negotiations or court hearings, advocating for a child support arrangement that is best fit for your unique situation.
What If…
Scenario 1: Uncooperative Non-Custodial Parent
Imagine Sarah, a single mother, is struggling to obtain child support from her ex-husband, John, who is uncooperative and refuses to pay even though there is a court order for child support. In this scenario, Primus Family Law Group and their team of California Certified Specialists, can assist Sarah in enforcing child support orders through legal means, such as wage garnishment or property liens, to ensure that John fulfills his financial obligations to their child.
Scenario 2: Complex Financial Situations
Consider a situation where David and Emily, who are divorcing, have complex financial situations, including multiple sources of income and assets. Primus Family Law Group, and their team of California Certified Specialists, can help analyze their financial disclosures, calculate child support obligations accurately, and navigate any complexities that arise during the process.
How Primus Family Law Group Can Help
Don’t hesitate to reach out to Primus Family Law Group for a free 30-minute phone consultation. Our team of California Certified Specialists, is here to provide you with the expertise you need during this challenging time. Whether you’re seeking to establish child support, modify existing orders, or enforce court-ordered payments, we’ll work tirelessly to protect your children’s best interests and secure their financial well-being.