Maxwell Hills | March 31, 2024 | Child Support
In Orange County, California, fathers and mothers are responsible for child support, whether married or not. According to the law in California, child support lasts until a child is 18 or 19.
When parents aren’t married and have a baby, the mom immediately gets custody of the child. So, if the parents split up, the mother automatically receives legal and physical custody of the child. The primary reason is that all laws regarding child custody and guardianship are based on the “Welfare of Minors.”
But for the father, it’s different. If he’s not married to the mom, he doesn’t automatically have custody rights to the child. Do mothers get custody more than fathers? Yes, you’re right to some extent. However, fathers can get custody rights by establishing paternity.
This article will discuss how child support works for unmarried parents in Orange County. Do women pay child support? What is child custody support used for? When you finish reading this article, you’ll find the answer to any question.
Let’s have a look!
California Child Support Law
California uses a unique way to decide on child support, called the income shares model. This means they look at both parents’ incomes when determining how much support to give.
The idea is that a child should get the same amount of money from both parents as they would if the parents were still together. California has a complicated formula for this in its Family Code Section 4055.
This formula looks at each parent’s leftover money after paying taxes, health insurance, etc. It also looks at how much time the child spends with each parent, “timeshare.”
How to Calculate Child Support Finances
The following are the things that determine the amount of child support. Let’s discuss it!
- Income
Income includes salaries, dividends, pensions, rents, bonuses, and unemployment benefits.
This means counting all the money a parent makes, like salaries, bonuses, or any other money they earn. If a parent doesn’t have a job, the court might decide based on the parent’s earning capacity.
- Tax
The court considers state and federal taxes.
- Healthcare Costs
Healthcare costs include insurance premiums and uninsured health costs.
- Other Essential Expenditures
Some essential expenses include work-related costs, union fees, and retirement savings, which are taken out of the total income before deciding on child support.
- Time-Share
The time-share percentage of parents affects the final child support amount.
What Should You Do If You’re Not Sure You’re a Child’s Father?
In this case, you’re not legally obligated to pay child support until paternity is established.
How to Establish Paternity
You can confirm paternity by signing a Voluntary Declaration of Paternity form.
But don’t sign this form if you need to confirm you’re the father. Instead, request a DNA test from the court to be sure. After paternity is confirmed, the court may ask you to pay child support. However, you can also ask for custody or visitation rights.
What Is Child Custody Support Used For?
Every parent must pay the child support amount after the court determines it.
Once the amount of child support is decided, it’s usually paid monthly. The goal is to help the parent who cares for the child by covering some of the costs of raising them. This includes housing, clothes, food, fun activities, doctor visits, school, and other needs. Since these costs vary each month, you might wonder how the courts determine how much child support should be paid.
What Happens If You Fail to Give Child Support Amount?
After you receive a child support order, you must make your payments regularly. For instance, you have to face severe consequences if you incur child support arrears and can’t pay on time. You may encounter issues such as driver’s license suspension, property liens, bank account seizures, etc.
Besides, sometimes, you’re involved in false allegations of abuse in custody cases and face so many troubles. In that case, you need a professional lawyer in your corner in the court to defend you. Plus, If you can’t pay child support finances, it is better to hire a professional child support lawyer to modify support orders.
Child Support Orders Modification
You can challenge child support modification orders if there are essential changes in a family’s situation. This includes one parent losing their job, a significant change in a child’s needs, or how much money either parent makes. In Orange County, parents can ask the court to change the child support order by filing a request and showing evidence of the changes. It’s essential to follow the proper steps and provide proof for any changes you request.
How to Ensure Enforcement of Child Support In California
In Orange County, California, there are many ways to ensure parents do what they’re supposed to.
They might have their wages taken directly from their paycheck, their tax refund might be taken, their driver’s license could be stopped, or they could even be taken to court for not following the rules. The California Department of Child Support Services (DCSS) can help parents with child support orders and getting money that’s owed.
Why You Should a Professional Lawyer for Child Support?
Even though you can find a child support calculator online, it might give you different results. On the other hand, Child support lawyers at Hills Law Group in Orange County know a lot about how the formula works and how the court usually uses it.
We tell you what to expect regarding how much you’ll pay. We can also ensure you give the court all the correct documents about your income and expenses, like tax papers and pay stubs. This is important so that the amount the court says you must pay is fair and matches what you can afford.
Our child support lawyers use their knowledge about custody agreements and child support to develop a plan that works for you and your child. Lawyers at Hills Law Group will discuss the options and suggest what might work best for you and your child.