Attorneys Helping With Legal Orders, Planning Modifications, And Other Family Law Matters
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Even if two parents decide to end their relationship, they are both still legally obligated to support their child. In addition to emotional support, children need financial support in order to thrive, which is why child support laws were established. The non-custodial parent will be ordered to make child support payments to the custodial parent, who will use this money to cover some of the costs associated with raising a child.
Some parents are able to reach child support agreements fairly quickly, but others end up in heated arguments with each other over how much should be paid. For this reason, it’s best to work with a child support attorney who fights for your child’s best interests. For more information, contact the child support lawyers at Fischer & Vail Thiel LLP today.
What Does A Child Support Attorney Do?
Both non-custodial and custodial parents should seek representation from a child support attorney. Why? An attorney can work with the other party to try to hammer out a child support agreement outside of the court. Doing so is much easier and allows both parents to stay on good terms with each other, which is important if they want to be effective co-parents.
If an agreement cannot be reached outside of the courtroom, a skilled attorney will bring the issue before a judge and present your case. He can argue to ensure that a favorable outcome is reached, and more importantly, that it is in the best interests of your child.
How Is Child Support Calculated in California?
Child support payments are typically calculated usually a specific formula that takes a number of factors into account, including:
- Each parent’s income
- The current child custody agreement
- The number of children involved
- Whether or not each parent is financially supporting other children
- The child’s healthcare and childcare expenses
Income is the factor that will play the biggest role in the calculation of child support. In a child support case, income refers to much more than just a parent’s salary or wages. Income can also include tips, commission, bonuses, disability benefits, workers’ compensation benefits, unemployment benefits, interest payments, and retirement benefits.
Most family law judges will stick to the formula to calculate child support payments, however, judges do have the right to deviate from this formula if they believe it is necessary to do so.
Can A Lawyer Help With Child Support Modifications?
Both parents are required to comply with a child support order once it has been issued by the court. However, a child support order can be modified by the court if one of the parents experiences a major change in their circumstances.
For example, the non-custodial parent may need to lower the child support payments if he loses his job and is unable to find work. In this case, he would need to work with an attorney to request a modification to the initial order. But, he must continue making payments until the modification has been approved instead of assuming that the request for a lower payment plan will be granted.
Child support payments can also be increased if certain circumstances change. If the non-custodial parent gets a promotion that comes with a significant pay raise, the custodial parent may ask the court to order the non-custodial parent to pay more. Child support payments may also need to be increased if the child’s healthcare, education, or other needs drastically change.
There’s no guarantee that a modification request will be approved, but an attorney can build a convincing case, so the judge understands why the modification is necessary.
What Questions Should You Ask Child Support Lawyers?
Every parent who is in need of a child support attorney should interview multiple lawyers prior to choosing one. Conducting interviews with multiple interviews will give you an opportunity to ask each attorney questions and learn more about what it’s like to work with them.
Here are some of the topics that should be addressed during each interview:
- How much does the child support attorney cost? What fees should I expect?
- Does the attorney typically represent single mothers or fathers in child custody cases?
- How much child support should I expect to pay/receive?
- How often are you able to resolve child support issues in mediation? How often do the cases end up in court?
- Do you have experience representing parents in situations that are similar to mine?
- Do you have any references?
Hearing the answers to these questions should help you narrow down your options and determine which attorney at law is the best fit.
Schedule A Consultation With One Of The Top Child Support Law Firms In Oceanside
Do you need to resolve issues related to child support? Let the experienced child support attorneys at Fischer & Vail Thiel LLP help. With over 40 years of accumulated experience, the child support attorneys in our law office are known as the best in Southern California.
Some of our many practice areas include divorce, property division, spousal support, mediation, domestic violence, paternity, child custody orders, and other family law issues and matters. With law offices in San Diego, Carlsbad, Oceanside, and San Marcos, we are proud to help and serve clients throughout San Diego County.
Our experienced team of attorneys will review your case in a confidential consultation, explain the process and our legal services, and address your questions and concerns while providing important information. To schedule a free consultation with our attorneys, please call 760-722-7646 or fill out the form on our website to contact our team via email today.