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Los Angeles Child Support Lawyers

March 21, 2024 Uncategorized

What Is Child Support?

How Child Support is Ordered

  • File a claim through an attorney or social services
  • The court considers incomes, expenses, other children
  • The amount is ordered the non-custodial parent pays
  • Can be taken from wages, benefits, tax returns

Responsibility of Both Parents

  • Custodial parent receives payments
  • Non-custodial parent makes payments
  • Missed payments can lead to charges
  • Non-payment can affect credit and housing

Duration and Requirements

  • Usually, until the child is 18 or 19 years old
  • Health insurance is often required
  • Time with each parent affects the amount
  • The court can adjust if circumstances change

An attorney can assist if the amount seems unfair. The main goal is to provide for the child’s needs.

What Is Child Support?

Child support is a payment made by a non-custodial parent to the custodial parent to provide for the child’s needs. While most support payments are ordered and pushed through the court system, some parents can agree to allow the non-custodial parent to pay directly to the child’s custodial parent. Fees can be used to purchase the child’s food, clothing, and other necessities. It can also ensure that payments are made to provide shelter and utilities for the child to use in the home.

How Is Child Support Ordered?

After deciding to separate from your child’s other parent, you can meet with an attorney who can file a claim to present to the court to obtain child support. The court will examine whether either parent has other children to support, the incomes of both parents, and the primary payments that each parent needs to make each month, such as rent or electricity. The court then orders an amount the non-custodial parent will be asked to pay. The social services department can also file a claim for child support to be paid if you don’t want to work through an attorney. Child support payments can be taken from wages when the non-custodial parent is paid or from government benefit payments. It can also be taken from tax return payments if the non-custodial parent is behind on charges.

Even if you decide not to have a relationship with your child’s other parent, both parties have a responsibility to provide for the child, which often means seeking help to obtain child support. It is also the responsibility of both parents to ensure that the payments are made each month. If a payment is missed, the custodial parent can ask why it was not made. If there is a continuation of missed payments, then the non-custodial parent can be charged with not complying with a court order. If convicted, the parent could spend time in jail until the payments are made or for a determined time that the court sets. At times, non-payment of child support is reported to credit bureaus, which means that the non-custodial parent would have a lower credit score and could be impacted when seeking housing, employment, or a vehicle.

In most situations, child support is paid until the child is 18 or 19. Health insurance is usually a requirement with child support as well. Suppose the custodial parent has Medicaid, another type of government healthcare, or private insurance for the child. In that case, the non-custodial parent might not have to carry the child on a different policy.

When the court looks at factors to determine the amount of child support that needs to be paid, there is a formula that is usually provided by the state that is used. The time the child spends with each parent is often considered when child support payments are calculated, which is why visitation or custody arrangements are essential if you are no longer with the other parent. An attorney can offer assistance if either parent feels the amount ordered is unfair to have the court take another look at the situation. If there are any changes while the child support order is in place for either parent, the court can adjust the amount ordered.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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