San Jose Child Support Attorney
Experienced Child Support Lawyers in San Jose, CA
Every child deserves and is entitled to receive financial support from his or her parents. With the help of a San Jose child support attorney, support may be ordered when parents are obtaining a divorce, legal separation, or annulment. Child support payments are also available in a paternity action, when a child was born to parents who were not married at the time the child was born, or in a domestic violence case where one parent is seeking a restraining order from the Court.
Duration of Child Support
Child support may be ordered by the Court until the supported child turns 18 and is not a full-time high school student, turns 19, marries or registers in a domestic partnership, emancipates, or passes away, whichever occurs first. There are special cases when a different amount of support may be ordered for a longer period of time, such as when the child has a disability and is not self-supporting. Parents may also agree to an amount of child support that is longer in duration than the limit set by law.
Calculation of Child Support (“Guideline”)
Child support is calculated according to a statewide formula and local guidelines (“Guideline Support”), which considers many factors, including the following:
- The custodial parent’s timeshare percentage of time with the minor children;
- The gross pre-tax earnings of each parent, including the higher earning parent;
- The tax filing status of each parent;
- The number of children, including other children from previous relationships;
- Mandatory union dues;
- Mandatory retirement contributions;
- Pre-tax retirement contributions (non-mandatory);
- Health insurance premiums for the children;
- Specific deductions such as healthcare expenses, mortgage payments, hardship deductions, and property tax expenses.
These factors ensure a fair calculation of child support that considers the financial circumstances of each parent.
Child Support by Agreement
Per Family Code 4065(a), parents may stipulate to a child support order with permission of the Court. Notably, the stipulated agreement can determine child support above or below the Guideline Support. In order for the Court to approve a below-guideline stipulated child support amount, the parties must declare the following:
- The parents are fully informed of their rights regarding child support.
- The parents agreed to the order without coercion or duress.
- The agreement is in the child(ren)’s best interests.
- The needs of the child(ren) will be adequately met.
- The right to pay child support has not been assigned to the county pursuant to Welfare & Institutions Code §11477 and no public assistance application is pending.
Modification of Child Support
To modify an existing child support order, a change of circumstances is generally required. This change may involve:
- A change in the custodial parent’s percentage of time with the child;
- A change in either parent’s income, particularly the higher earning parent; or
- Other variables that would impact determining child support.
If a below-guideline agreement exists, no change of circumstances is required to adjust the support to the guideline amount.
Mandatory Add-Ons to Child Support
In addition to the guideline child support amount, the Court mandates additional payments for specific expenses:
- Childcare Costs related to employment or necessary education/training for employment.
- Uninsured Health Costs that are reasonable and necessary for the child’s well-being.
Discretionary Add-Ons to Child Support
In addition to guideline child support, the Court may order additional child support in the following circumstances:
- Educational or Other Special Needs: costs related to a child’s education or special needs. See Family Code §4062(b)(1).
- Visitation Travel Expenses: expenses related to travel for visitation. See Family Code §4062(b)(2).
While additional support is generally shared on a 50-50 allocation, deviation from this allocation may be ordered upon an affirmative request. If a different allocation is requested, the Court will calculate support first and then add-ons may be allocated based proportionately on the parties’ adjusted net disposable income. See §4061(b)(2).
Re: New-Mate Income: Generally, there is a statutory bar to looking at a new mate’s income for support purposes. However, it might be possible in an extraordinary case where not doing so would result in extreme hardship to the child. Marriage of Wood, 37 CA4th at 1071.
New Mate Income
Upon re-marriage or entering into a new relationship, parents often question whether their new spouse or new mate’s income will be considered for child support purposes. Under Family Code §4057.5, the Court generally does not include the new spouse or new mate’s income. It is only in cases where excluding this income would lead to extreme and severe hardship to a child that the Court may decide that the new income should be considered. If this preliminary determination is made, the Court then must also determine if considering the new mate’s income would lead to a severe hardship to a child supported by the obligator or the new-mate.
Comprehensive Services for Child Support Matters
When navigating child support issues, understanding the legal process and the resources available to you can make all the difference. Whether you’re seeking to establish an initial child support order, modify an existing one, or enforce arrearages, the knowledgeable attorneys at Aeschleman Law are here to guide you every step of the way. Our compassionate team provides personalized services to help clients achieve the best possible outcome for their children.
The Role of Financial Resources in Child Support Cases
Child support payments are essential for ensuring a child’s needs are met. These payments contribute to the child’s quality of life, covering expenses like housing, food, education, and daycare. For many parents, especially custodial parents, this financial support is critical to maintaining a stable living environment for their children.
Our family law attorneys will explain the role of financial resources in determining child support and how the law considers each parent’s income, job stability, and expenses. We recognize that money is a sensitive topic, especially when a parent feels they are financially overburdened or that their needs are not adequately represented. Our goal is to ensure that both parents are treated fairly and that the child’s best interests remain the top priority.
Filing a Petition for Child Support
To initiate or modify child support, a formal petition must be filed with the court. This petition outlines the requested child support amount, the percentage of time each parent spends with the child, and any additional factors that may influence the order. Our attorneys are skilled at preparing petitions that clearly articulate your needs and expectations. If you are dealing with arrearages or unpaid child support, we can petition the court to enforce the order and help you recover the money owed.
In some cases, child support may coincide with spousal support (alimony). For example, if a husband or wife is also financially supporting their former spouse, the court may consider this when determining the child support amount. A knowledgeable family law attorney can help you navigate these intertwined issues, ensuring that both spousal and child support orders are fair and reasonable.
The Importance of Legal Representation
When dealing with child support matters, having a skilled attorney to represent your interests is invaluable. Whether negotiating with the other parent, attending a court hearing, or preparing legal documents, your attorney will advocate on your behalf. At Aeschleman Law, we bring a deep understanding of family law to every case. Our team can explain the legal process, answer your questions, and prepare you for each step, including hearings and mediation sessions.
Scheduling Consultations with Compassionate Attorneys
We understand that every family’s situation is unique. That’s why we encourage you to schedule an initial consultation with our office. During this meeting, we’ll listen to your concerns, discuss the details of your case, and develop a strategy tailored to your needs. Whether you’re the custodial parent seeking increased support or the paying parent seeking a modification, we’ll approach your case with compassion and understanding.
Child support payments typically cover basic needs, but additional expenses like healthcare fees, extracurricular activities, and daycare often arise. These costs may be addressed as mandatory or discretionary add-ons to the child support order. The court considers many factors when deciding how these expenses should be divided, and we are here to ensure your voice is heard in these matters.
How Knowledge and Preparation Lead to Better Outcomes
A well-prepared case can significantly influence the outcome of your child support proceedings. Our attorneys have extensive knowledge of family law and use this expertise to build strong cases for our clients. Whether you are seeking to establish a new order or enforce an existing one, we will prepare the necessary documents, gather evidence, and present a compelling argument in court.
Navigating Complex Family Law Matters
Family law matters often involve high emotions and complex issues, from determining the child support amount to addressing living arrangements and arrearages. Our attorneys have the knowledge and experience needed to handle these cases with professionalism and care. We aim to provide clear guidance, ensuring you understand your rights and options at every stage of the process.
Trusted Legal Support
If you’re ready to speak with an attorney about your child support case, contact Aeschleman Law today. Our office serves families throughout Santa Clara, Alameda, and San Mateo Counties. Let us help you achieve a fair resolution that protects your child’s well-being and your financial future. Call us at (408) 724-8930 to schedule your consultation.
Contact A San Jose Child Support Attorney Today
If you would like to consult with a support lawyer about whether new-mate income should be considered in your support case, contact our San Jose Family Law Attorney for a consultation.
How A San Jose Child Support Lawyer Can Help
Whether you or the other parent are seeking a child support order for the first time or seeking to modify a prior child support order, the San Jose child support attorneys at Aeschleman Law can assist you in calculating the guideline support that is appropriate in your case. We will negotiate with the other parent, and if negotiations fail, we will zealously advocate for you in Court to obtain an order that protects your child’s rights to financial support as well as your right to have support properly calculated. If you are the supporting parent and you believe that you are being asked to pay more than you can afford or than what your child requires, the family law attorneys at Aeschleman Law can analyze your financial circumstances to determine whether your support order should be lowered, and if it is appropriate, will advocate that you are not ordered to pay more than what is required by law.
Aeschleman Law can also assist you if you have an existing support order and the other parent is not complying with that order. We will advise you on how to enforce your support order and to collect any past due support payments.
Aeschleman Law is located in San Jose and serves Santa Clara, Alameda, and San Mateo Counties. Call us today for an initial consultation at (408) 724-8930. You may also contact us by filling out the form at the bottom of this site.