San Jose Family Law Attorney Discusses Child Support
Until recently, the state of Minnesota did not consider the incomes of both parents when it came to determining child support. Instead, the courts simply looked at the time the non-custodial parent spent with the child and that parent’s income. But thanks to new legislation, Minnesota’s child support laws will more closely resemble those of the rest of the country, where both parents’ incomes are taken into consideration.
Here in California, the courts consider both parents’ income, as well as the timeshare in determining child support. Our courts use a computer program to calculate child support. This program allows the court to input information about each parent’s income, including salary and wages, other taxable and nontaxable income, as well as expenses that parent may have. Expenses that have relevance to child support include mortgage payments, health insurance payments, and child support for children from other relationships. Other pertinent information the program uses are the number of children being supported, the time spent with each parent by those children, and the tax filing status of each parent.
The resulting calculation is called a guideline calculation and from the court’s perspective, it is adequate to meet the needs of the children. The parties can agree to a higher amount, if they so desire, or they can agree to a lower amount, which requires the court’s approval. Child support is also sometimes adjusted by the court to reflect unusual child care expenses or travel expenses for visitation. This type of adjustment typically requires a hearing before a judge.
Regardless of your situation, if you are dealing with child support, you may want to consult an attorney. Our experienced family law attorneys can assist you with your child support order, whether it’s getting one, or modifying one. If you are having trouble enforcing an order, we can assist you. We have offices in three Bay Area locations (Fremont, San Jose and Monterey), and offer a free thirty minute consultation, either in person or over the phone. California law requires parents to support their children, and our attorneys have the knowledge and experience to handle your child support case. Call our office today to schedule your free consultation.