Child Support in San Jose, CA
What Is Child Support?
Child support is a financial obligation that a parent has to pay to support her or his child. This continues as they age and mature. Are you the parent who has custody of your son or daughter currently? If so, then the court will assume that the child receives full financial support while residing in your residence.
However, if your child does not live in your house and she or he is not currently under your custody, the court may require you to pay child support to the custodial parent. Family Divisions of the Superior Courts handle most of the child support cases in California. If you find yourself facing a child support dispute in San Jose, you will most likely have to appear before the Superior Court of Santa Clara County.
In , California this means that you have to make payments to the custodial parent until your child reaches adulthood. There are other situations where you may only have to make payments until the courts have legally declared your child as emancipated or your daughter or son goes into military active duty. Keep in mind that if your child has special needs, there may be a requirement that you have to make child support payments past the legal age of adulthood.
Do you wonder if you can terminate your parental rights and not pay child support? Most states will not allow a parent to do this and cease support unless certain requirements are met. There may be some situations where a court terminates financial responsibilities if both parents agree that one party no longer has to provide financial support to their shared son or daughter. One situation where a parent may be able to terminate her or his responsibility to child support is if someone else, like a stepparent, adopts the child.
California Statute declares that certain behaviors that are detrimental to the health and well-being of a child are grounds for stripping the parent of their parental rights. Excessive drug and alcohol consumption can cause a court to strip you of your parental rights. As well, severe mental disabilities and illnesses can prevent someone from fulfilling their role as primary caregiver. Additionally, instances of abuse, either physical or sexual, as well as neglect or abandonment of a child are all grounds for having parental rights terminated.
Do you believe that the other parent has violated your rights to receive child support? Then get immediate legal help from an experienced San Jose lawyer on standby in your area who can help you fight for your child’s right to financial stability.
How a San Jose, California Child Support Attorney Can Help You
If you constantly struggle to get the other parent to pay, hiring a lawyer can help you learn about your available options and guide you on the best decision for your son or daughter.
Many people struggle with parents who refuse to pay. Hiring an experienced and dedicated lawyer will bring you professional help while navigating the legal system. Additionally, you may also have an easier time getting the money your child needs and deserves to better ensure a stable childhood.
Santa Clara County Child Support Services seeks to foster self-sufficiency in families, and promotes the well-being of children by enforcing court mandated payments that allow them to grow and thrive. Court ordered child support is a serious responsibility, and should not be taken lightly. If your account has fallen into arrears, Child Support Services can begin contacting creditors, which will damage your credit. They can also seize your bank account and put liens against any property you may own. If this behavior continues you will eventually be found to be in contempt of court and made to come before the judge in Santa Clara County.
Whether you look to receive child support payments as a part of an agreed-upon divorce settlement or you are not married and look to receive financial support, hiring a legal professional in San Jose with a background in child support can help to streamline the entire process. Without the help of a legal advocate, the cost of living can quickly drain your bank account. As well you could create traumatic experiences for your unsupported children.
Working with an attorney can help you to:
- Establish paternity
- Answer a child support petition
- File a petition for support
- Request a child support order
- Explain the tax consequences that come with a child support order
- Work with the other parent to reach an agreement
- Represent you in court
- Locate the other parent
- Subpoena the other parent’s financial information
- Prove income
- Determine any factors that a court will look at to calculate how much you might owe
- Educate you on the available child support enforcement options
- Give you an estimate of how much financial support you may receive from the other parent
Do you believe that you deserve to receive payment from the other parent? Or that you are not receiving a sufficient amount? If you have to answer, yes, then make every effort to avoid missing what your kid deserves. Work with a dedicated San Jose, California lawyer who fights for your rights as well as your child’s rights.
Information to Share With Your Lawyer
As you work with your lawyer, make sure you share proper documentation to better ensure that you can properly proceed with your case in San Jose. The information that you need to share with your attorney includes:
- Check stubs for the last two years or more if applicable
- Outstanding debts
- A change in debt, such as filing for bankruptcy
- Paternity records
- Adoption records
- Previous child support payment records
- Bonds, stocks or any retirement account records
- Tax return records
- Purchase of sale records for a home, land or any other type of assets
- Any child support forms that you have
Residents of San Jose should know that the courts are bound by the Child Support Guidelines of California. The guidelines state that the parent’s income is weighed against the percentage of time that each parent spends with the child. After any major deductions a parent can claim, the court will then factor in monthly expenses such as medical bills, insurance, and even union dues. The State of California also provides an Online Calculator to give you a rough estimate of your monthly payment. However, you may want an experienced San Jose attorney to help you navigate this process.
Work with an Experienced Local Lawyer in San Jose, California
Are you facing a costly and emotional child support battle? Talk to a San Jose attorney equipped to help you in this delicate situation. Call now or fill out the simple form below to take steps to protect your children’s interests. Learn more about your child support law options below.
One of our expert San Jose attorneys will help to navigate you through the legal system to get you the money you and your kid should have. We can even help you connect with an attorney across California state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!