Child Support Attorney
Understanding the Child Support Process
During a divorce involving children, child support often becomes a major point of contention between the parties and requires both parties to invest enormous time and effort into arguing their side of the case before the court.
Hiring a lawyer in the Los Angeles and Orange County area who has long standing experience with child support determinations and the multitude of facts which can be considered in the overall determination of the amount of support can be of great assistance in achieving a fair determination.
At the law offices of Samuel Walker, we know child support disputes can be an incredibly stressful time for you and your family. Our compassionate lawyers have years of experience representing parents who are disputing child support and the best interests of the children including a wide range of factors which are important when child support needs to be decided by the Court.
When you need experienced child support representation and a compassionate attorney who understands your difficult situation is unique to any other, call the offices of Samuel Walker and see the difference firsthand with a free consultation regarding your case.
Establishing or Modifying the Child Support Order
At Walker Law, we believe children are far more successful in life when both parents can limit agree on a reasonable child support amount and limit the need for litigation to the minimum amount necessary to achieve a just and fair determination. A child support order can be modified if circumstances change and it is always best to consult with an attorney when of if you believe there are circumstances which may justify a modification of the child support amount ordered by the court.
Whether you are the current primary caregiver or are the one working to support the children a fair and just child support order is in everyone’s best interests. By listening to your unique situation and desired outcome, we will develop an argument tailored to you, the children and any special circumstances surrounding your case to help establish a just child support order.
The parties’ child support obligations are determined by a mathematical formula which is presumed to be the child support amount which is in the children’s best interests. Each of the parties may be entitled to an adjustment of the guideline child support amount. Factors which may allow for a variation up or down to the guideline child support amount are set forth in CA Family Code Section 4057 as follows:
(a) The amount of child support established by the formula provided in subdivision (a) of Section 4055 is presumed to be the correct amount of child support to be ordered.
(b) The presumption of subdivision (a) is a rebuttable presumption affecting the burden of proof and may be rebutted by admissible evidence showing that application of the formula would be unjust or inappropriate in the particular case, consistent with the principles set forth in Section 4053, because one or more of the following factors is found to be applicable by a preponderance of the evidence, and the court states in writing or on the record the information required in subdivision (a) of Section 4056:
(1) The parties have stipulated to a different amount of child support under subdivision (a) of Section 4065.
(2) The sale of the family residence is deferred pursuant to Chapter 8 (commencing with Section 3800) of Part 1 and the rental value of the family residence where the children reside exceeds the mortgage payments, homeowner’s insurance, and property taxes. The amount of any adjustment pursuant to this paragraph shall not be greater than the excess amount.
(3) The parent being ordered to pay child support has an extraordinarily high income and the amount determined under the formula would exceed the needs of the children.
(4) A party is not contributing to the needs of the children at a level commensurate with that party’s custodial time.
(5) Application of the formula would be unjust or inappropriate due to special circumstances in the particular case. These special circumstances include, but are not limited to, the following:
(5a) Cases in which the parents have different time-sharing arrangements for different children.
(5b) Cases in which both parents have substantially equal time-sharing of the children and one parent has a much lower or higher percentage of income used for housing than the other parent.
(5c) Cases in which the children have special medical or other needs that could require child support that would be greater than the formula amount.
(5d) Cases in which a child is found to have more than two parents. (Cal Fam Code § 4057; Added Stats 1993 ch 219 § 138 (AB 1500). Amended Stats 1993 ch 935 § 1 (SB 145), ch 1156 § 3.5 (SB 541); Stats 2013 ch 564 § 4 (SB 274), effective January 1, 2014.)
Our Approach to Child Custody & Child Support
At the law offices of Sam Walker, we understand you may be uneducated when it comes to child support matters or what needs to happen to establish or modify a child support order. We take the time to explain to you in a non-technical way what to expect ahead of time to help reduce the stress caused by a child support case and are always available for questions at any step of the process.
We provide zealous representation in a caring individualized manner. Your attorney will be available to you directly and you will not be forced to call a secretary or paralegal with your questions. You will have direct access to the attorney who will be handling your case throughout your child custody matter.
Give us a call today for a free consultation, we are happy to answer any forthcoming questions with sound advice.