Lancaster Child Support Lawyer
Advocates for the Best Interests of Your Children throughout the Antelope & Santa Clarita Valley, California
Child support can be a contentious issue following a divorce. Whether you are the primary parent providing support or the parent receiving the child support payments, our Lancaster law firm can help ensure that your rights are upheld and that the best interests of the children are kept at the forefront of the case.
At The Jimenez Law Group, APC, our experienced child support lawyers are dedicated to advocating for the best interests of your children and ensuring fair and timely child support payments. We understand the importance of financial stability for your family and work diligently to navigate the complexities of child support laws in California.
Schedule Your Consultation Today
Child Support Responsibilities Under California Law
According to California state law, both parents hold a financial responsibility in caring for their child. While the court can require both parents to provide support, typically the non-custodial parent provides child support to the custodial parent.
How Is Child Support Calculated in California?
California utilizes a statewide formula in order to determine the amount of child support. This formula is highly complex and takes many variables into account in order to come up with this amount.
The Calculation Is Based on the Following, and More:
- Number of children
- Income per parent
- Child custody situation
- Tax filing status
- Tax-deductible expenses
While the formula provides a basic calculation, it is important to consult with a Lancaster child support lawyer to understand how special circumstances, such as the needs of the child, one parent's ability to pay, or other extenuating factors, may influence the amount of support.
To file for child support in Lancaster, CA, you will need to follow a series of steps through the California family court system or the local Department of Child Support Services (DCSS). Below is an overview of the process:
Determine Your Filing Method: Family Court vs. DCSS
In Lancaster, CA, you can file for child support through either the family court system or the Department of Child Support Services (DCSS). Here’s a breakdown of each option:
- Family Court: If you’re already involved in a family law case (such as divorce or legal separation), you may file for child support through the family court at the Antelope Valley Courthouse, which handles family law cases in Lancaster.
- DCSS: The California Department of Child Support Services can assist in establishing, modifying, and enforcing child support orders. This is a free service provided by the state.
Gather Required Documentation
To begin the process, you will need to provide specific documentation to ensure your case is processed efficiently. These documents include:
- Proof of Income: Each parent must submit information about their income, such as pay stubs, tax returns, and employment records. This information helps the court or DCSS calculate the appropriate amount of child support.
- Child's Information: You will need to provide the child’s birth certificate or other official documentation to prove the child's identity and residency.
- Custody and Visitation Information: The amount of time each parent spends with the child is an important factor in determining child support, so you’ll need to provide a detailed custody or time-sharing schedule.
Filing a Petition for Child Support
- Through the Family Court: If you’re filing through the family court, you will need to fill out a Request for Order (form FL-300) and the Income and Expense Declaration (form FL-150). You will file these forms with the family court at the Antelope Valley Courthouse. The court will then schedule a hearing.
- Through DCSS: If you choose to file through the Department of Child Support Services, you can apply online through their website, or you can visit the Lancaster DCSS office. The DCSS office will then open a case and begin the process of establishing or modifying a child support order.
Submit the Petition and Pay Filing Fees
If you're filing through the family court, there are filing fees involved, which can vary depending on the type of petition you file. However, if you qualify for a fee waiver, you may be able to avoid these costs.
The DCSS does not charge a fee for establishing child support, as it is a state-funded service.
Attend the Child Support Hearing (If Applicable)
After filing your request for child support, the court will schedule a hearing where both parents may be asked to appear. This hearing allows the judge to review the financial information and custody arrangements to determine the appropriate amount of child support.
- If you are filing through the family court, be prepared to provide the judge with any necessary documentation regarding income, expenses, and the time-sharing arrangement.
- If you are filing through DCSS, they may assist with negotiating a child support agreement without a formal hearing, but in cases where a hearing is necessary, a representative from DCSS will attend.
Court Issues a Child Support Order
Based on the hearing, the court will issue a child support order, specifying the amount of support the non-custodial parent must pay and how the payments will be made (e.g., directly to the custodial parent or through the DCSS).
- If using DCSS, the order will be processed through the agency, and payments will be monitored and enforced by DCSS.
- If using the family court, the support order will be implemented, and payments can be made directly to the custodial parent or through the court’s collection system.
For more detailed guidance, please contact our child support attorney in Lancaster.
How Long Does Child Support Last in California?
In California, child support ends when the child turns 18 years old and graduates high school, as long as the child still lives with his or her custodial parent. Support can continue until the child is 19 years old if he or she is still enrolled full-time in high school.
Get Expert Child Support Assistance in Lancaster
Are you facing a child support issue in Lancaster, California? Don't go it alone. A skilled child support lawyer from The Jimenez Law Group, can ensure your child's needs are met, and your rights are protected. They can navigate complex calculations, negotiate fair agreements, or represent you in court if necessary. Secure the legal support you deserve.
Ready for action? Contact our Lancaster child support attorney now for a personalized consultation. Call now - (661) 369-8655
Client Testimonials
Giving our clients a positive story to tell.
-
I had all the confidence in her and she never let me down.
Victoria S. -
The love and support they have for their clients is outstanding!
Jessica M. -
This law firm has been an amazing team to work with.
Elisha K.
Commonly Asked Questions on Child Support
Is it Possible to Modify a Child Support Order?
Child support orders are not set in stone. As circumstances change, a parent may need to request a modification of the existing order. Common reasons to seek a child support modification include change in income, change in the custody or time-share arrangement, significant health issues, changes in the child’s needs, or other unexpected expenses.
A Lancaster child support attorney can help guide you through the process of seeking a modification to ensure that the support order reflects the current financial realities of both parents.
What If the Father Is Not Paying Child Support?
If the non-custodial parent fails to make the required child support payments, there are several enforcement mechanisms available, including wage garnishment, tax refund interception, or contempt of court. The DCSS handles enforcement and ensures that child support payments are made regularly.
How Much Back Child Support is a Felony in California?
In California, a parent can be charged with a felony for child support if they owe $2,500 or more in back child support. This law is often considered theft.
While the court can mandate the amount of support to be paid, parents can also create a child support agreement that is sent to the court for approval. However, in such instances, certain requirements must first be met. It’s best to consult with a Lancaster child support lawyer to better understand your rights in such a case.
What Happens if I Can't Pay Child Support?
In a situation where you are not able to keep up with your child support payments, you will likely be taken to court for failure to pay. It is important to not only show up, but to show up with skilled legal representation. In order to make the case go smoothly, start to collect any and all possible records of your personal income as proof that paying the child support order is unreasonable. This can include but is not limited to tax returns and paystubs, or other proof of income available.
Does Child Support Affect Your Credit?
Your credit will only be affected if you have failed to make a support payment or are late in making the payment. Neglecting to pay court-mandated support can also result in wage garnishment, the suspension of a license or passport, and potentially being found in contempt of court.
How Do I Contact My Child Support Caseworker?
Keeping in touch with the right people in California throughout the child support process is crucial. The Lancaster child support attorney at The Jimenez Law Group, APC walks clients through the proper steps necessary to ensure compliance with the law.
Using the California child support website, anyone can easily get in touch with their caseworker as well. This is useful for making payments as well as getting in touch with your specific caseworker.
Advocating for Fair and Timely Child Support in Lancaster
California has specific guidelines for calculating child support, considering factors such as each parent's income, the amount of time each parent spends with the child, and any special needs or expenses. Our Lancaster child support lawyers are well-versed in these guidelines and can help you navigate the process to ensure a fair determination.
Understanding how child support works in California can be complex, but our knowledgeable attorneys are here to guide you. We can explain the factors considered, help you gather the necessary documentation, and represent your interests during negotiations or court proceedings.
While we strive for amicable resolutions, we understand that circumstances can change and financial difficulties may arise. If you cannot pay child support, seeking legal advice as soon as possible is vital. Our family law attorneys can help explore options such as modifying the child support order or negotiating a payment plan to avoid legal consequences.
If you have questions or need to contact your child support caseworker, we can help you navigate the process. Our family lawyers have experience working with the relevant agencies and can help ensure effective communication and resolution of any issues that may arise.
If you're considering filing for child support in California, our team is here to help. We can guide you through the necessary steps, assist with gathering the required documentation, and represent your interests throughout the process.
Contact Us to File for Child Support in California
Navigate child support with the help of our skilled and experienced child support lawyer in Lancaster, CA. The Jimenez Law Group, APC, is passionate about making sure the needs of your children are taken care of and your rights are upheld throughout case proceedings.
With our firm on your side, you can expect personal legal services that are backed by more than a decade-and-a-half of experience. Our Lancaster attorney is attentive and empathetic, willing to listen to your side of the story and work towards a legal solution that is customized to meet your needs. We offer flexible hours and fast response times.
Speak with The Jimenez Law Group, APC today. Call us at (661) 369-8655 to schedule a consultation with our child custody attorney in Lancaster, and the surrounding Santa Clarita and Antelope Valleys.