Family Law - Child Support

Sacramento Child Support Attorney, Sacramento Child Support Lawyer

For parents, understanding their rights and obligations in child support matters can be difficult. When parents divorce or are unmarried the parent who does not live with their child is usually obligated to pay child support. Support is owed whether the child lives with their other parent or a third party, and whether or not the person with whom the child lives can afford to support the child on their own. Depending on the state, support may be owed even if the parents share custody.

Like other issues in regard to separation and divorce, child support may also be settled by written agreement or it may be determined in a court order. California, like other states, has adopted guidelines which establish rates of child support according to certain variable criteria related to family income and number of children.

The Child Support Guidelines
Support guidelines generally fall into one of three categories. Each uses a different approach to establish the amount of support, though they all consider the needs of the child. Provisions for medical costs and insurance are generally added to the basic amount suggested by the state guidelines. The three guideline categories are:

Percentage - Calculates support based upon a flat or varying percentage of the income of the paying parent.

Income Shares Mode 1 - Calculates support based on a formula that determines the proportion of parental income the child would have received if the parents had not divorced.

Melson Formula - Calculates support using a complex formula that considers the economic conditions of the parties involved, their standard of living and the overall equities of the situation. The goal of the Melson Formula is to give children the standard of living of their more affluent parent, even if the custodial parent gets a financial benefit to which they may otherwise not be entitled.

Whatever approach is used, courts look at a variety of sources to determine the paying parents' income and ability to pay.

Enforcement of Child Support
Child support may be enforced by the Court in a number of ways, including, wage withholding, garnishment, incarceration for contempt of court as well as other remedies. Where child support is agreed to in a separation agreement, or ordered by the court, and then not paid, there are a number of remedies to secure enforcement of the agreement or court order. If the child support is set up in a contractual agreement, the basic remedy is suit for breach of the contract, which would include a claim for the arrears. If child support is payable under a court order, whether originally established as a court order or entered as a result of a suit for breach of contract, the order is enforceable through the contempt powers of the court and penalties, including jail for non-compliance may be imposed

California child support laws and procedures are very complicated and should not be handled without consulting an attorney first. Therefore it is imperative that you consult an experienced family law attorney before making any decisions regarding your divorce matters.

If you or a loved one in need of expert legal counsel contact
The Law Office of Robert N. Kitay. It is important to protect your legal rights.

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