Family Law Attorneys In Redding, CA

Support after the dissolution of a marriage in Redding CA
 
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 Support after the dissolution of a marriage: 

 

This month we wanted to discuss something that appears to be a major issue with families, especially with the financial hardships that are afflicting many at this time.  When a couple decides to separate, divorce or annul a marriage, financial support comes in a few different forms: child support, spousal support and partner support. 

Most family law cases involve serious and, often times, complex legal issues. You should consider consulting with a family law attorney in Redding before you make the choice to represent yourself. Many family law attorneys charge only a nominal amount or nothing at all for an initial consultation.

Child Support

Child support is the monthly amount that the court says one parent must pay the other parent for supporting the child(ren).  Without regular child support payments, parents find it even more difficult to meet their monthly financial obligations.  Finding the right attorney can help with filing the request for child support as well and the paperwork to enforce the payments.  There is a specific formula in the state of California to determine how much child support should be paid.  Family law attorneys in Redding will use California’s formula to calculate the amount of child support that may be ordered by the courts.  You can click hereto learn more about how child support is calculated. 

If parents can't agree on child support, the judge will decide the child support amount based on the state’s guideline calculation.

The guideline calculation depends on:

  • How much money the parents earn or can earn,
  • How much other income each parent receives,
  • How many children these parents have together,
  • How much time each parent spends with their children,
  • The actual tax filing status of each parent,
  • Support of children from other relationships,
  • Health insurance expenses,
  • Mandatory union dues,
  • Mandatory retirement contributions,
  • The cost of sharing daycare and uninsured health-care costs, and
  • Other factors.

Child support can also include the cost of special needs like:

  • Traveling for visitation from 1 parent to another,
  • Educational expenses, and
  • Other special needs.

Unless otherwise agreed upon, child support payments are usually made until children turn 18 or 19 if they are still in high school full time, living at home, and cannot support themselves.  Parents may choose to support a child longer.  The court may also order that both parents continue to support a disabled adult child that is not self-supporting. You may request the courts to make a child support order when you:

  • Get a domestic violence restraining order.
  • Get a divorce, legal separation, or annulment;
  • Establish parentage; or

Parents who

  • have signed a voluntary declaration of paternity, OR
  • are married, or are registered domestic partners, and don't want to get legally separated or divorced can also ask for a child support order when they file a Petition for Custody and Support of Minor Children.

In the event there have been changes in your situation or for the other parent, your family law attorney can also request to change the amount of the child support.  You want to proceed with caution when requesting a change in amount paid because it can sometimes be determined that the amount should be lower instead of higher.  Additionally, if the paying parent does not make payments in a timely manner or is behind in payments, a family law attorney in Redding can ask the judge for help collecting (enforcing) a support order.  

Because family law in California is quite complex, you will want to consult an attorney for assistance.  An attorney in Redding, on your behalf, can make the request for child support, changes in child support and enforcement of payments. 

Spousal Support
When a couple separates or divorces, the court may order one spouse to pay the other a certain amount of support money each month. This is called "spousal support."

The judge will take many things into consideration when deciding what spousal support should be ordered.  Later a request can be made to the judge to change the support amount if the situation changes. Again, you will want to consult an attorney specializing in family law to help you change a support order.  An attorney, on your behalf, can also ask the judge for help collecting (enforcing) a support order.

Partner Support
When domestic partners separate or divorce, the court may order one domestic partner to pay the other a certain amount of support money each month. This is called "partner support."

The judge will take many things into consideration when deciding what spousal/partner support should be ordered. Examples of some things the judge may consider are:

These factors are:

  • The length of the marriage or domestic partnership,
  • What each person needs,
  • What each person pays or can pay (including earnings and earning capacity),
  • Whether having a job would make it too hard to take care of the child(ren),
  • The age and health of both people,
  • Debts and property,
  • Whether 1 spouse or domestic partner helped the other get an education, training, career, or professional license,
  • Whether there was domestic violence in the marriage or domestic partnership,
  • Whether 1 spouse's, or domestic partner's, career was affected by unemployment, or by taking care of the children or home, and
  • The tax impact of spousal support (note: federal and state tax laws were not changed to recognize domestic partnerships.)

Again, either domestic partner can later ask the judge to change the support amount if the situation changes.  Because the legal system is so complex, it is advised that you contact a lawyer that specializes in family law.  Choosing the right attorney can alleviate some of the emotional anguish that inevitably comes from divorce or separation.  Additionally, choose an attorney who is knowledgeable about and has handled case in Shasta county. Having a lawyer who is familiar with the local judges and other attorneys will help you in the long run.

You may ask yourself if a person really need an attorney to represent them in a dissolution proceeding?   I can't say it loudly or often enough, that when the custody of children is at issue, you definitely need an attorney. What you "save" in the beginning by not having an attorney will ultimately cost you in the end. And, the cost will not be negligible. Ultimately, it is actually less expensive to hire a family law attorney to represent you from the beginning.

Shasta.com
833 Mistletoe Lane, Suite 103
Redding, CA 96002
530-229-4018

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