Murrieta Child Support Lawyer

Murrieta Child Support Attorney

If you find yourself in the midst of a child custody case, you may also be facing a child support battle. In this case, consider hiring a Murietta child support lawyer to help you navigate the process. Your Murietta family lawyer can assist you in your child support case, ensuring the process is fair and equitable. As a parent, you want to do what’s right for your child, so be sure to familiarize yourself with child support laws in California.

At Najera Law Group, APC, we understand the significant financial implications of child support, so we know how important it is to ensure your arrangement is fair. We have extensive experience helping parents with child support, and we’re prepared to assist you.

Who Pays Child Support?

Children are the most important part of their parents’ lives. However, they also require time, energy, and financial support. When married couples divorce, or when unmarried couples split, they are left to determine not only custody arrangements but also child support. Child support is the court-ordered financial requirement parents have to support their child.

Contrary to popular belief, both mothers and fathers can be required to pay child support. California courts do not discriminate based on gender. Typically, the non-custodial parent is required to pay child support, though with joint custody, parents may still be ordered to pay to maintain the child’s standard of living.

Child Support Calculations in California

In California, child support payments continue until the child is an adult, which means the child is 18, has graduated high school, or is 19 years old, if that comes first. However, children with disabilities may continue to receive support from their parents if there is a need for it.

In addition to back payments and interest, a California judge will consider food, shelter, education, health insurance, and extra-curricular activities to determine child support payments. The judge will also factor in each parent’s net disposable income, minus alimony, other child support requirements, health insurance, and retirement funds, to calculate child support payments. Custody will also be considered.

Refusal to Pay Child Support

Judges treat child support very seriously, and refusing to make child support payments can have severe consequences. When a judge makes a ruling on child support, the parent is required to make payments on a specific date. If a parent misses the date, their payments collect interest, which is 10% of the payment in California. The funds are typically taken directly out of one’s paycheck by an Income Withholding Order.

Sometimes, parents refuse to make child support payments for a variety of reasons. When this happens, the Local Child Support Agency (LCSA) can enforce payments. If the parent still refuses, here are some of the consequences:

• Income tax funds can be taken
• Credit can be compromised
• Bank accounts can be garnished
• Licenses can be suspended
• Passports can be denied
• A lien can be placed on your home

If back child support payments are very high, the refusing parent can also face jail time. You do not want to find yourself in this situation, so be sure to consult with an attorney if you know you will have trouble making payments.

Requesting a Modification

Most often, the judge’s child support order goes unchanged; however, child support orders are modifiable if there has been a significant change in your circumstances. Two of the most common instances where child support payments can be modified are when the parent’s financial situation has changed since the order or their time-share has changed. Time-share is how much time the parent spends with the child, which is factored into payments.

If either of these statements is true for you or the other parent, it’s important to ask the judge to modify the payment. You can also request a lower payment amount if you are unable to make back payments.

Murrieta Child Support FAQs

Q: How Much Back Child Support Is a Felony in Murrieta, CA?

A: Refusal to pay child support has serious consequences. If a parent outright refuses to pay child support and owes more than $10,000, it is considered a felony, and they can face up to two years in prison. Similarly, if a parent owes more than $5,000 in back payments, it is considered a misdemeanor, and they can face up to six months in prison.

Q: What Is the New Child Support Law in California in 2024?

A: There have been several changes made to the California child support law, effective in 2024. Two of the biggest changes are modifications made to the way in which support is calculated and an increase in the ceiling for low-income parents. The changes are in effect to make child support more equitable between both parents. Another change is that veteran’s benefits and severance pay are added to parent’s gross income.

Q: Does Child Support Go Down if the Father Has Another Baby in Murrieta, CA?

A: Having another child does not automatically reduce a father’s child support payments. However, another child means more expenses, so this could mean a change in his income. If a father finds he is unable to make child support payments because of the addition of another child, he should petition the judge to lower his payments. Receiving legal guidance from an experienced attorney can help with this.

Q: How Much Is Child Support for One Kid in Murrieta, CA?

A: Child support for one child is determined by the parent’s net disposable income, which is income minus health insurance, retirement contributions, alimony payments, and other child support payments. Also considered is the time spent with the child. Finally, if a parent is considered low-income, their child support payments will be adjusted accordingly in Murrieta, CA.

Reach Out to Najera Law Group, APC

Raising a child is one of the most rewarding experiences for any parent, even if their marriage ends in divorce. No matter the circumstance, parents are required to support their child or children, providing the same standard of living as they had when the parents were together. If you find yourself in a contentious battle over child support and need legal assistance, contact Najera Law Group, APC. Boasting 20 years of experience, we’d be happy to help you with your case.