Neill Marangi
Child Support: CaliforniaBy Definition: According to California Department of Child Support Services child support is defined as “…the ongoing monetary expenditures and payments necessary to cover a child’s living and medical expenses.” Although normally paid by one parent to the other, sometimes both parents must make payments towards the living expenses of the child/children. This article is to act as a Frequently Asked Questions board, but not as legal advice. Due to special circumstances that your case may have, it is always a good idea to speak with an attorney about your case. Proof of Paternity One of the parents must provide proof of paternity that pertains to the father of the child. Submission of a birth certificate is sufficient for this requirement. However, if the baby is unborn and paternity is in question, a DNA test must be done in order to file for child support.[1] How is it calculated? Child support payments are calculated on many factors. Some of the elements that come into play are: - Salary - Disability - Unemployment - Union Dues - Retirement - Other Child Support Paid - Health Insurance - Union Dues - + Many more…[2] How do I go about changing it? If you have an increase or decrease in salary or wages, you should contact your local Child Support Agency and they will help you through the process. The Child Support Agency may not change your support payments in an automatic fashion. [3] Enforcement of Child Support In California it is lawful for agencies to do the following in attempts to collect unpaid child support: All-type license suspension, garnishment of wages, withholding of lottery winnings, garnishment of disability, worker’s compensation and unemployment. They may also place levies on your bank accounts, deny your passport, place liens on properties, and withhold tax refunds in order to claim unpaid child support. These enforcement policies apply even across state lines. [3] Miscellaneous Costs There are also miscellaneous costs that may be associated with child support. Medical care is essential for the child and the courts may order both parents to cover the costs of medical care for the child, if necessary. If emergencies arise with the child, both parents may be subject to paying for certain other items.[3] Length of Payment Payments of child support must be made until the child turns 19 years of age or graduates high school. It may be possible to continue these payments into the college years; however there is no requirement to do so. The exception to the rule of age 19 or high school graduate is that the child is mentally or physically disabled, but this must be decided by a judge. [4] Again, this article is not meant for legal advice, you should consult with a lawyer to gain knowledge of the current laws regarding child support and its enforcement.Find a local Divorce, Marriage, Alimony lawyer that will fight for your rights. See Neill Marangi References [1]Paternity Opportunity Program FAQ, http://www.childsup.ca.gov/Resources/EstablishPaternity/POPFAQ.aspx, Copyright 2011 DCSS, Date Accessed 6/12/12 [2]Child support calculator, https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator, Copyright 2006 State of California, Date Accessed 6/12/12 [3]California Child Support Laws, http://www.child-support-laws-state-by-state.com/california-child-support-laws.html, Copyright 2012 child-support-laws-stat-by-state.com, Date Accessed 6/12/12 [4] California Child Support Laws, http://www.cfli.com/child-support.html, Copyright 2012 Law Offices of Kelly, Fernandez & Karney, Date Accessed 6/12/12 |
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