Moreno Valley Child Support Attorney

Moreno Valley Child Support Lawyer

Navigating the world of family law can be overwhelming and confusing, whether you are going through a divorce or renegotiating a custody agreement. When a romantic or marital relationship between parents ends, it can be difficult to determine the necessary next steps to ensure that children are properly cared for. This process most often involves making decisions about custody, visitation, and child support.

Working with an experienced Moreno Valley child support lawyer can help you approach your child support case with confidence, regardless of stress or high emotions. The team at the Law Offices of Michelanne Hrubic will work with you towards the best possible outcome.

What Are the Benefits of Hiring a Moreno Valley Child Support Attorney?

There are many steps required to establish or change a child support order in the state of California. Having a lawyer who is familiar with the legal proceedings related to child support in California can give you confidence moving forward. Additionally, it can also guarantee that your children receive all necessary support. There are several specific benefits to working with an attorney to request, change, or enforce a child support order.

• Experience and Expertise – These qualities are essential for a person dealing with the California legal system. A Moreno Valley attorney is familiar with all of the required documentation, paperwork, and processes to ensure that your child support case is successful.
• Negotiation – An experienced attorney is able to work through any necessary negotiations objectively and calmly. This will guarantee that emotion does not cloud their judgment and you receive the best possible service. It is also an important aspect of child support cases because you want to ensure that your child receives all of the support that they need.
• Knowledge of Precedent – This means that your attorney can provide insight into a likely outcome for your case based on what the courts have done in the past. This will give you confidence and clarity as your child support agreement is finalized.

Whether you are establishing child support as part of a divorce, seeking back child support, or seeking to change a child support payment, a Moreno Valley child support attorney can help. They work to streamline the process and increase your chances of a successful outcome.

What is the Process of Filing for Child Support?

In order to have a child support agreement that can be enforced by the courts, there must be a child support order that is approved and put in place by a judge. To start this process, you must submit an Application for California Child Support Services. This form can be accessed online or in a local office. Once the application is submitted, the process of determining appropriate child support payments can begin.

The parent with more rights, often including physical custody, is considered the custodial parent, so the non-custodial parent is required to pay child support on a monthly basis. When parents divorce or separate in California, a parent must request to establish parentage, or paternity, and then request a child support order.

There are four types of cases where a child support order can be requested, including:

• Divorce, Legal Separation, or Annulment – In these cases, parents are legally dissolving their relationship and, as a result, may request an order for child support.
• Petition to Establish Parental Relationship – These cases involve unmarried parents who are ending their relationship and wish to establish a child support order.
• Domestic Violence Restraining Order – These cases can involve both married and unmarried parents.
• Petition for Custody and Support of Minor Children – Unlike most child support orders, these cases involve parents who are married or are registered partners and do not wish to end their relationship legally.

Once a request has been submitted for a child support order, it must be approved by a judge. After the order is in place, the parent in question must begin making the required payments.

How Is Child Support Calculated?

As with any legal process pertaining to custody or child support, the goal is to ensure that whatever plan is established serves the best interests of the children. As a result, there are several factors that contribute to how child support payments are calculated.

Child support is intended to provide for all of the basic needs of the children in question. Needs such as food, clothing, and shelter are taken into account. Some cases may also consider medical, travel, and educational costs, depending on the circumstances. Parents are given an opportunity to agree on a child support plan themselves, but the state of California has guidelines to follow if that is not possible for any reason.

When child support is determined by the guidelines, the judge considers the following:

• The income of each parent
• How many children the parents share
• Expenses from health insurance
• Support received from other relationships
• The parents’ tax filing status
• Mandatory payments, such as retirement or union dues
• The amount of time spent with the children
• Costs associated with childcare and medical care

Other factors may be considered, and the amount of child support is not set in stone. If the circumstances of the non-custodial parent change, then the amount owed in child support may change as well.

What Is Child Support Enforcement?

A child support order is a binding part of the divorce agreement. Breaking any part of that agreement can cause the guilty party to be held in contempt of court. In circumstances where the non-custodial parent fails to make the appropriate payments, there are steps that can be taken to rectify the situation. It is also important to understand the regulations surrounding child support enforcement. If you find yourself in a situation where you are unable to pay child support, you may face penalties for unpaid child support.

There are many penalties that may be handed down in California for not paying child support properly. Some of the main consequences include:

• Wage Garnishment– An individual’s employer is required to allocate and send a portion of each paycheck directly to the California Department of Child Support Services to automate child support payments.
• License Suspension – Failure to pay child support may result in the restriction or removal of licenses to travel. That may include a passport, driver’s license, or possibly professional licensures.
• Tax Refunds – Any refunds that are received by a parent who has failed to pay child support can be halved, with one-half going to the necessary child support payments.
• Workers’ Compensation Payments – Similar to wage garnishment, Workers’ Compensation payments from an injury or illness can also be redirected as child support payments through the Department of Child Support Services.
• Fines or Imprisonment – These may be charged if child support payments have been neglected for extended periods of time.

In addition to these penalties, it is also possible for a parent to be required to pay a certain amount of child support payments that they missed. If you are dealing with a former partner who is not making the correct child support payments, you must act quickly. Back child support payments can only be collected within three years, according to California law.

What Resources Are Available to Determine Child Support?

The state of California offers several resources to parents attempting to establish or change a child support order. At the state level, the Department of Child Support Services (DCSS) is responsible for creating the policies that determine child support across the state. This organization also oversees all local services.

The Local Child Support Agency (LCSA) is a resource available at the county level, and each county in California is equipped with an LCSA. These agencies provide resources, support, and assistance in the common processes of managing a child support case. Support provided by the LCSA includes help with:

• How to open a new child support case
• The process of establishing parentage or paternity
• Locating parents who are required to pay child support or who have missed child support payments
• The process of requesting a medical support order from the courts
• The enforcement of child support order when a non-custodial parent has broken the child support agreement
• Navigating the process to change to a child support order

Ensuring that child support is properly established and enforced is crucial. No child should suffer because of an improper child support agreement or an agreement that isn’t being upheld. The state of California offers resources to help parents establish, enforce, and change child support agreements as needed. However, having the support of an experienced and knowledgeable Moreno Valley child support lawyer is also an essential part of a successful child support case.

Contact a Moreno Valley Child Support Attorney for Assistance

Navigating the end of a marriage or partnership can be painful and stressful on various levels. Attempting to negotiate a child support agreement in the midst of such a major change presents its own challenges. Having the support, knowledge, and guidance of a Moreno Valley child support attorney can provide much-needed confidence as you work to finalize a child support agreement.

The Law Offices of Michelanne Hrubic provides individualized service for all of our clients, and we understand that no two child support cases are the same. We will work with you to ensure that you fully understand each step of the child support process and that the final agreement provides for the needs of your children. Contact us today and let us help you navigate this journey.