A Child Support Attorney is a specialist in the laws of your state and has the expertise needed to represent you as you go through the legal process of seeking and receiving child support payments. They will help you calculate the amount you may be required to pay or receive, depending on your current situation and the terms of an agreement between you and your spouse. They are also familiar with the court procedures and rules, including how a case is presented to a family judge during a hearing or trial. They can make your settlement negotiations much easier by preparing the right documents, gathering the appropriate information and making sure that all your legal rights are protected.
During a divorce, child support is an important issue that needs to be resolved before the divorce can be finalized. The amount of the child support payment is determined by law based on certain factors, including the parents’ income and how much time each one will spend with the children. The goal is to ensure that each parent is adequately supported while the children are living with their families. The law also requires that both parents share the responsibility of providing their children with financial security and adequate care.
The first step in establishing or modifying child support is filing a petition for support in the family court. The party who files this request is known as the “petitioner” while the other party is referred to as the “respondent.” The petition must be served on the respondent, along with the summons that indicates the date of the court hearing. The court can only establish a child support order if it is clear that the parties have a valid need for such an arrangement.
In addition, the petition must clearly set forth the amount of the child support to be awarded, which is determined based on a calculation that includes both parents’ net disposable income (NDI) and the percentage of shared physical custody. The court will consider any significant expenses that may be applicable, such as the cost of extracurricular activities or child health insurance. In some cases, it may be necessary to have a medical expert testify in the case to provide an objective evaluation of the physical and emotional well-being of the children.
After the court issues its order, it is the responsibility of the custodial parent or the Department of Child Support Services to enforce the order by registering and/or enforcing wage assignments or other enforcement remedies. If the non-custodial parent resides outside of Sacramento, the Law Department can assist custodial parents with enforcement actions by petitioning for a support violation in the courts of the country or state where the non-custodial parent lives.
A knowledgeable and experienced Child Support Attorney can protect your legal rights and help you to get the fair and reasonable amount of child support that you deserve. Reach out to an attorney today to learn more about your options and how they can help you. Check out https://www.sacramentodivorceattorneys.net/child-support/ to contact one.