Roseville Child Support Lawyer
Going through a divorce inevitably brings up some difficult issues. For couples with children, how these kids will be raised and how they will be supported can be a prime example of just such a sensitive issue. Our Roseville child support lawyer is here to help clients fight for a support plan that will best serve their needs and the needs of their children.
The Law Offices of James-Phillip V.M. Anderson provides compassionate and collaborative legal counsel to clients throughout Placer County, Nevada County, and Sacramento County. Call our Roseville office today at (916) 282-7737 or reach out online to arrange for a free consultation.
Child Support Factors in California
An overarching principle of child support is that children have the right to share in the lifestyle of their parents. If one or more of the parents earns a substantial income, then support payments will be higher than is the case if the parents earn middle-class salaries.
To help judges implement this principle on a case-by-case basis, the state of California has laid out guidelines that are to be used in calculating child support. This is a complex formula, but will include factors such as the costs of childcare, any tax deductions available to the parents, as well as how much time each parent spends with the child.
That means the support plan will necessarily be impacted by what the final child custody plan looks like. The support payments for a parent who is taking the kids for one week every month may be lower than another parent who—all else being equal—only has the kids for a weekend. The reason is that the parent who spends more time with their children will be paying for the kids’ expenses during that time they are together.
Once the formula has been calculated, the final figure is presumed correct. That doesn’t mean it’s final. What is do is serve as the presumption a family law judge will rely on making their final decision. If a parent believes the presumptive number is too high or too low, then the burden of proof rests with that parent—and their Roseville child support attorney—to prove why.
Child support payments last until the child turns 18. This invites more issues. For example…
- If the child turns 18 early in their senior year in high school, how does the primary custodial parent continue to keep up with expenses?
- Is the primary custodial parent now responsible for paying college tuition?
Presuming the child—now legally an adult—doesn’t move out, that does mean that the primary custodial parent will become financially responsible. The good news is that this is something a far-sighted Roseville child support lawyer can work to rectify in the settlement.
The case can be made to at least extend the support payments up through the point of high school graduation. The parents’ attorneys can negotiate a plan that would prepare for college tuition costs by having both parents make joint contributions.
How all of this ultimately settled will be different on a case-by-case basis, and the relationship each parent has with the child can be significant. Call The Law Offices of James-Phillip V.M. Anderson at (916) 282-7737 or fill out our online contact form, so we can hear more about the details of your specific case and determine the best path forward.
After the Child Support Agreement Is Final
Life changes, and there are factors that can result in a child support plan being modified in the future. One parent remarrying and having more children can be a reason for a reduced payment. So can the loss of a job. It’s imperative, however, that parents never unilaterally change the support plan—even if they are in agreement--without seeking a formal modification from the courts. Getting a modification order is something our office can help with.
Collaborative & Compassionate Legal Counsel
Going through a divorce is hard and thinking about how the children will be raised is often an emotional topic. At The Law Offices of James-Phillip V.M. Anderson we bring a real listening ear to all of our clients, to understand what they and their kids need, and how to go about securing that in a settlement. From our Roseville office, we serve all of Placer County, and our clientele extends throughout Nevada County and Sacramento County.
Call today at (916) 282-7737 or contact us online to set up a consultation.
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Frequently Asked Questions
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Do I need a lawyer to get a divorce?A:
Strictly speaking, the answer is no. The state of California allows people to represent themselves. But—and yes, we understand we’re biased—there is a lot that is missed out on when a reliable and experienced attorney isn’t present. Important issues in the property settlement might be getting overlooked. Agreements on child support or spousal support might be less than what a spouse or parent deserves. And, even in the simplest of divorce cases, a lawyer can still provide efficient services in filing documents and responding to motions, allowing their client to focus on the next era of their life.
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Who gets the house in a divorce?A:
The house will be subject to California’s community property laws, which require a 50/50 split of all marital property between the spouses. Whether the family home ends up with a spouse or being sold will depend on how the settlement is negotiated between the two parties. There is no uniform rule on how any particular piece of marital property should be distributed.
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How is child custody decided?A:
Child custody decisions are made exclusively on the basis of what the courts deem is the best interests of the child. This will depend on a range of factors which will be unique to each couple, so there is no one-size-fits-all answer. But as an example, if it’s already been agreed that one spouse will get the family home, a court might deem it in the child’s best interest to live with that parent, simply for the stability of staying in the same house.