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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Child Support
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The Overview
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Biological parents have the legal obligation to financially support their child until: the child reaches "the age of majority", marries, joins the military, or becomes self-supporting. When parents are married and living together during the life of the child, issues like paternity and financial support are generally not issues. However, when parents are not together or living together during the life of the child, issues like paternity and financial support can become critical to the child’s future and wellbeing. In the latter circumstance, the court is many times put in a position to determine the adequate amount of child support paid to the custodial parent (parent with custody of the child) by the noncustodial parent. In some circumstances, a parent with shared custody may still be required to pay support to the noncustodial parent.
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In California, the courts use the Income Shares Model to determine the amount of support. The Income Shares Model calculates support based on a formula that determines support based on the proportion of parental income the child would have received had the parents not divorced. Courts look to the following sources to determine a parent’s income: hourly wages or salary; investments; stocks; pensions; government benefits; perks that come with a job; gifts from friends or new spouses; inheritances; income from rental property; and/or income from overtime or seasonal work.
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People who purport to have no income or to receive welfare will not avoid a child support obligation. Generally, courts will still order a small monthly payment. However, the court has the ability to impute an income to someone, if they feel that the parent is capable of earning more than they have represented to the court.
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Provisions for medical costs and insurance are generally added to the basic child support amount. The requisite provisions are suggested by California state guidelines but can be tailored to any special needs the child may have.
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Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary family law consultation.
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Q: How is child support determined?
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A: California has stringent support guidelines which consider many things, including but not limited to the: incomes of the parents, the needs of the child, the relative abilities of the parents to pay support, and each parent’s custodial percentage. Courts will generally follow the amount suggested by the guidelines unless a reason to depart from them exists.
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Q: Can I get child support if I never married my child's father?
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A: Yes. Both of a child's biological parents owe are required to financially support the child. In the absence of marriage, a genetic/ DNA test may be necessary to prove paternity. However, once paternity has been established, a court will award a support order.
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[More]
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Federal Office of Child Support Enforcement
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The Child Support Enforcement Program is a joint federal, state and local partnership to ensure that parents provide support to their children.
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American Bar Association Child Support Guidelines Report
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Tables at this site summarize the current child support laws in all 50 states.
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[More]
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