Murrieta Child Support Attorney
Child support law is a practice of law that upholds an important value in this state, which is made clear in Family Code 4053. This code declares that all parents’ primary principal obligation is to provide support for their minor children as their life circumstances can afford. Furthermore, this applies to all children until they are 18 (sometimes 19) if they are unmarried and attending high school full-time.
Child support orders are often a component of other family law cases such as divorce, custody, and adoption, though many child support cases serve the purpose of either establishing child support payments or processing modifications of existing child support orders. Any of these types of cases can be lengthy processes depending on the situation and if the parties are represented by a private attorney (those cases without private attorney representation tend to take longer to complete)
Law Offices of Catherine A. Schwartz
At the Law Offices of Catherine A. Schwartz, our attorneys have vast experience in child custody cases in and around Murrieta, CA. We bring plenty of resources and professional associations to the table that can help our clients. We offer the most reliable and inclusive legal counsel for child support courses in the area. We understand how painful and stressful these cases can be for everyone involved, and we want only the best for our clients and the best outcome for your case.
Benefits of Hiring a Murrieta Child Support Lawyer
When you work with a private attorney to obtain child support, you ensure the best financial outcome for the children involved, meaning they can get the financial support they deserve and need to thrive. Secondly, financial standings can be hard to prove accurately, and an attorney can ensure that the court gets correct information regarding income and custody time.
Misrepresentation of income can delay the case or result in a misappropriation of child support payments. Furthermore, parents who need child support modifications or those who get behind in court-ordered payments find these situations are easier with the help of an attorney to represent them in court to get the best outcome for the whole family.
One of the most important benefits a private attorney can bring to the table is their understanding and familiarity with the newest amendments to the state’s family law code.
Child Support Law
There are two ways to file for child support in California. One way is to open a case through California Child Support Services (CCSS). The second way is by filing a petition with the court. If you are going through a divorce, your child support order might be included in your divorce decree. Furthermore, your child support case may be started during divorce proceedings if not already started with the CCSS. Regardless of the way a child support case is carried out, it always starts with a Request for Order.
How to File for Child Support
If CCSS is involved in your child support case, it could take longer to process the final order. If you don’t want to go through CCSS, you can file with the courts by yourself, but this is risky because California child support laws are complex and sometimes difficult to navigate. The best route to securing a child support order through the courts is by hiring a private child support attorney.
Modifying Child Support in California Without a Lawyer
To file a child support modification in California without a lawyer, you will need to fill out a Request for Order (Form FL-300), a formal request to modify your child support order. The next steps are outlined below.
- File the form with the court.
- Serve the other parent – You must provide the other parent with a copy of the Request for Order and other relevant documents.
- Attend the court hearing – A hearing will be scheduled to determine if the child support modification can be granted. You will need to provide evidence to support your request for a modification.
- Wait for a ruling from the court – The judge will make a decision based on the evidence presented at the hearing and make a new child support order if the modification is approved.
Failure to Pay Child Support in California
In California, failing to pay child support can result in jail time. The state takes non-payment of child support very seriously and has several enforcement tools available to collect delinquent payments, including wage garnishment, seizure of tax refunds, and even jail time.
A parent who fails to pay court-ordered child support can be held in contempt of court. This means that the parent can be ordered to appear before the court and show why they should not be held in contempt. If the judge determines that the parent has the ability to pay the support but has failed to do so, the judge can order the parent to be taken into custody and held in jail until they pay the delinquent child support.
Retroactive Child Support
California child support laws allow a maximum of three years from the date a non-custodial parent had a legal obligation to pay child support to retroactively sue for child support. In this case, a private attorney is your best ally in retroactive child support cases, no matter what side you’re on. Furthermore, the sooner a request for retroactive child support is submitted, the better. The longer you wait, the harder it becomes to collect child support payments retroactively. A parent can retroactively sue for child support payments in California after the child has turned 18, but there are certain restrictions and limitations.
California Child Support Attorneys You Can Trust
California child support is not a simple subject, and answering all the questions parents have in one place is just not possible. If you have more questions not answered here, contact the Law Offices of Catherine A. Schwartz for a consultation. We are an experienced family law practice and have the knowledge and proficiency in answering your questions. Furthermore, if you find you need our services, we can provide you with the best representation possible in your family law case.