Child Support Lawyer
Being a parent means making sure you do what is best for your children. But many times, the stress and nauseating feelings of a divorce can make it difficult to keep things in perspective. Erica M. Bansmer, a Stockton Family Law Attorney is here to represent you in your Child Support and Spousal Support case. You will be kept on tract of such things as dividing your assets, dealing with visitation schedules and trying to recreate a new life away from your former spouse.
On the average most divorce cases have one parent paying the other in child support. But the number one question is “How much should the other party pay?” During these times it is important to have an experienced child support attorney there to work with you and protect yours and your child’s best interests.
Questions That Might Be Asked In a Child Support Hearing
- How long was the marriage/relationship?
- What are the ages of the parties?
- What is their emotional state like?
- What is the accustomed standard of living that both parties are accustomed to?
- How many resources does each side have?
- What amount of contributions did each side make to the marriage/relationship?
Calculating the Amount of Child Support Ordered
A common question we receive regarding child support is “how are the ordered amounts calculated”. The calculation used to determine the child support order varies from state to state. Each state has its own set of guidelines used for determining the amount of child support ordered. However these guidelines are very similar across state lines. In the state of California child support guidelines are set by law. A calculation of each parents income combined with the amount of time spent with each parent is used to determine the final amount ordered. The types of income included in these calculations vary from wages, bonuses, rental income to received benefits.
Child Support FAQ’s
There are many situations in which a family may require child support services and court-ordered judgements for the financial contributions of a non-custodial parent. Over the years, our family law attorneys have assisted many families while walking through this process. The procedures of child custody and child support can be complex. Families approaching the process for the first time have common questions about requesting and responding to child support orders.
Q. Can I receive child support if I am not married to the father of my child and his name is not on the birth certificate?
A. Paternity must be established first before an order can be obtained for child support. The agency will establish paternity for the child and once the paternity is determined an order for support will be issued by the court.
Q. I don’t think my child support order is contributing enough to support my children. What should I do?
A. Child Support orders can be revisited. Our family law attorneys are highly experienced in filing for changes in the order based on our clients specific needs or circumstantial changes. We’ll guide you through the process to help you get the results you need.
Q. Can a child support order prevent a non-custodial parent from visiting the child? Does the child support order allow the non-custodial parent to visit the child?
A. Child support orders only serve as financial orders from the court to set requirements of financial support by parents. They do not permit or deny any type of visitation rights for non-custodial parents. Court ordered visitation stipulations must be sought out through child custody & visitation orders.
Q. What should I do if the non-custodial parent refuses to pay the court-ordered child support?
A. If the non-custodial parent refuses to pay child support that has been ordered by the court, our attorneys will follow the proper channels to ensure that the matter is brought to court on contempt. There are several consequences for payment refusal including: having your license revoked, intercepting of tax refunds, liens and ultimately the filing for criminal prosecution.
When you need assistance with any child spousal support matter, call Stockton Family Law Attorney Erica M. Bansmer at 209-474-2400 or Email us in the form on the right of the page.