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Child Support Orders

Thursday, 31 October 2013 12:59

Each parents of a minor child equally have equal financial support obligations for his or her child under the law. This means that they are equally liable for medical, dental, psychiatric and other medical costs. However, the court will award support to one of the parties, based on the amount of time spent with each party, the income each party receives, and a few other items.


              Unfortunately for unmarried parents, no support obligation can be ordered without first establishing a paternity of the child case. In order to allow for the court to make an order for child support, a parent must begin commence a case by filing a Petition for Paternity (Parentage), only if they do not already have an ongoing case with the family law court. After the court has confirmed the parentage of a minor child or of the minor children, the court can then make an order for child support. Married parents similarly must file either a Petition for Dissolution case. A Domestic Violence filing also has the potential for a child support order.

There are actually numerous methods to obtain have a court order child support order. An order for child support may also be requested through your county=s child support agency. When one of the parties is receiving community assistance, such as TANF (Temporary Assistance for Needy Families), the local county=s child support agency will immediately request reimbursement through child support payments by the noncustodial parent. After a court has made a court order for child support, the minor child or minor children will then receive payments until they have turned turn 18 years of age, sometimes even 19 years of age, if they are still attending high school full time, or living at home and cannot support themselves. The local child support agency will receive child support payments until they have been fully reimbursed from the noncustodial parent for the county=s assistance provided to the minor child or minor children. Child support can also be requested after filing the initial paperwork by way of filing an order to show cause. These are court motions which are generally heard within 8 weeks of their filing. Permanent support is ordered at trial. Child support can also be ordered by stipulation or agreement of the parties.

How is child support calculated? If two parents cannot agree on an amount due for the financial needs of their minor child or minor children, the court will determine the amount payable by using the California Guideline Calculator. There are quite a few factors that the court uses when determining child support by the guideline calculator. The first two main factors when determining the amount of child support payments are: the parents’ net income, the amount received after the government and state deductions and other required dues are deducted, and the Atime share@ of each of the parents, which is the amount of time each parent spends with the child or children. Generally, child support will decrease when the Atime share@ increases. Other factors when determining child support include:

!        Any other income received by each parent

!        How many children the parents have together

!        The actual tax filing status of the parents

!        Other support obligations a parent or each parent may have

!        Health Insurance Expenses

!        Mandatory Union Dues

!        Mandatory Retirement Dues

!        Other Factors

To find out other factors used to determine child support and to estimate how much child support you might receive you can refer to the court=s calculator at http://www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default.aspx

Here at the Law Offices of Gloria D. Cordova, Inc., we can help you get started with your child support needs and even modify a previous court order of child support. Call in today to set up a consultation. And "like" our Facebook page at https://www.facebook.com/gcordovalaw?ref=hl.



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t: (909) 612-5787 | www.GCordovaLaw.com
732 N. Diamond Bar Blvd., Ste. 210
Diamond Bar, CA 91765