In California, the Department of Child Support Services is the official agency responsible for administering and overseeing the enforcement of the legal provisions on child support throughout the state. In addition, each county has its own local child support agency which handles the actual tracking and enforcing of child support court orders.
All courts in California follow the same guidelines and use the same proprietary computer program when calculating monthly dues for child support that the custodial parent will be entitled to receive from the non-custodial parent. Most of the information that will be entered into the program will essentially be provided by the parents themselves and will include (but not be limited to) regular income earnings, other earnings like bonuses and commissions, number of children, amount of time spent by each parent with the child, and the tax filing status of the parent. In addition to the monthly child support payment, a court can order payment for expenses like child health care costs, the child’s cost of education and the traveling costs for the visiting parent. In any event, the final court order regarding child support will take into account both the child’s needs and the parents’ income.
The application of the state guideline formula in the calculation will generally show that the greater the disparity between the two parents’ income and the less time the higher earning parent spends with the children, the more child support that parent will owe the other parent. However, there is a provision under California Family Law which allows a court to award child support that can be higher or lower than the amount generated by the guideline formula. This is of course when it can be shown that there are certain extenuating circumstances, like when the parent ordered to pay child support has an extraordinarily high income; or when a parent is not contributing to the needs of the child at a level commensurate with that parent’s custodial time; or when both parents have substantially equal time with the children and one parent has a much lower or higher percentage of income used for housing than the other parent; or when the child has certain special medical or other needs that require child support greater than the formula-derived amount.
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Dear Emily Robinson, I greatly appreciate your tireless effort in fixing this difficult situation. Thank you so much and God bless you!Regards, E
Thank you so much for all your support and help! You can't imagine how glad and calm you make me feel ...
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MY PRACTICE AREAS
What makes me qualified?Emily graduated from UC Hastings College of the Law and is a certified mediator. Prior to that, Emily attended UC Santa Barbara where she graduated with a B.A. in Psychology and a B.A. in Communication.
– How Initial Divorce Consultation Works
The attorney is going to want to know the facts of your situation. What’s been going on in your life that’s led to the divorce. What kind of property do you have? What your finances are like? And what kind of custody of schedules you like to see for the children. And to just kind of feel out how you have been planning. What you’ve been thinking in terms of the divorce.
Now if you have no plan and you haven’t been thinking of anything yet and you’re just sort of in a daze trying to figure out what to do which is the case for a lot of people. That’s absolutely fine. Just let the attorney know that and they can ask you the right questions to elicit the necessary information.
– An Overview of the Divorce Process
The basic process is one party will file for divorce. They will get a case number and get the documents back from the court. And, they will have those documents served to the other party. The other party has 30 days to respond to the divorce documents. Once that party responded, then the parties will exchange financial, income, and asset information and try work out a settlement. If you were unable to decide a settlement then we will set a trial date. The court will decide how to divide your property, your custody issues, and your support issues.