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In 1999, more than $ 14 billion to California children. 35% of families with only one parent income below the poverty line. Statistics show that the payment of child poverty is reduced and corresponds to a stronger commitment of the non-custodial parents in children's lives.
Do I need child support?
Child Support must be supervised by a parent without deprivation of liberty until the child marries, dies, is emancipated, makes 18 and is not a full time high school students who are 19 or if it is a full-time high school student, whichever comes first occurs. An adult child who is disabled and unable to earn a living has a right to ongoing support.
How much child support should I pay or receive?
In California, the courts of a complex mathematical formula for calculating child support based on a number of factors, such as the gross income of each parent, the percentage of time each parent spends with each child, the tax benefits, the cost of childcare, tax status of each parent and so on. This amount is often referred to as the "guideline" child support amount. Due to the complexity of calculating the "guideline" amount, the Court is a software program called "Dissomaster." "Most attorneys use this program and are in the situation, child support calculations. The software Dissomaster see www.cflr.com. A child support order to the amount of child support and, if it is to be paid. Couples often agree to monthly payments in two installments, which coincide with the payor, the bi-weekly receipt of wages.
Are the dishes come from the standard formula for child support?
The Court may require the "guideline" amount in a range of situations in the family code section 4057 (b). For example, the parents to pay child have extraordinarily high incomes, and the guideline would be about the needs of children. Another example would be if the children have special medical or other needs, the excess of the guideline.
Can I get my spouse to pay extra for childcare and education?
There are a number of additional expenses, the non-custodial parents may be obliged, in whole or in part. Mandatory add-ons that the Court is obliged to cover the cost of childcare in conjunction with one parent or the employment or training for employment and the reasonable cost of health care for uninsured children. Discretionary Add-ons are costs associated with educational or other special needs of children and travel expenses for the visit. Generally, the Court of the allocation of the add-ons equally between the parties. However, if the paying parent can prove that this would be unfair, Family Code section 4061 (b) provides a procedure for the Court to the payment of add-ons according to the net spendable income of each party. The most frequently comes into play when one party is also the payment of marriage support.
Who pays for health insurance for children?
Family Code Section 3751 requires the court, if they have a child, for support to one or both parents to the health insurance for the minor children, if it is available at no cost or at a reasonable price.
How do I get support to children?
After a petition in a dissolution (divorce) has been collected, a parent may request that the Court order temporary child support for children born during the marriage. If the parents are not married, before the Court can order support, paternity must be established. Since 1 January 1995, all hospitals are obliged to unmarried parents the opportunity to voluntarily acknowledge paternity by signing a voluntary declaration of paternity. If this is not signed and resignation within 60 days, it has the same effect as a verdict and paternity can be the basis for custody, visitation rights or support. Even if it does not call into question a request for genetic testing may still be filed within two years after the birth of the child against the voluntary declaration of paternity.
Once I get a child support order, how can I enforce it?
In California, every time a child of farm support is a wage assignment order, the payor of the employer to deduct the amount of child support from wages and pay it directly to the payee parent. The wage assignment may be by written agreement of the parties.
Can I get help from the region to collect child support?
Parents can continue to a private attorney to identify and gather the support or the services of the Division of Child Support Services (DCSS). Unfortunately, Los Angeles County is one of the poorest children collecting records in the state and the prices low in comparison to national statistics.
What other measures can I take to child support?
If you are against child support arrears you can court the parents payor in contempt. If you can demonstrate that non-payment of knowing and willful, the payor parent can be fined and even jailed.
If you are against child support arrears you may bring, to show cause, the Court held that the amount of arrearages. You can also petition the court for an enforcement order, which can be used against bank accounts.
Family Code section 4600, the court order the parents to payor a maturity up to one year, Child Support payments in an interest bearing account as collateral. This can be used when there is a problem receiving child support in the past, or if the payor is self employed.
Can I get a child support when circumstances change?
If you already have a ruling in your case, you can find out whether the payor of income has changed by them with a request to create an income and expenditure statement after verdict (form FL-396) on the other parent, together with a Income and Expense Declaration (form FL-150), starting www.courtinfo.ca.gov/forms/
What are the tax consequences of the payment or receiving child support?
Child is not taxable income of the parents, who receives it, and it can not be deducted from the parent company, to be paid.
Warren R Shiell at www.la-familylaw.com
© 2006 Warren R. Shiell. All rights reserved.
The Law Offices of Warren R. Shiell devotes its practice only in the area of family law. We take care of all aspects of family law and matrimonial matters, including dissolution of marriage, separation, nullity, custody / visitation disputes, support, paternity, division and valuation of real estate. Warren R. Shiell is a member of the California and New York Bar He has several cases on the New York Appellate Division. He is a graduate of Oxford University with a Master in Law and the University of Southern California. He is a member of the Family Section of the Los Angeles County Bar Association. He was a legal consultant on "The Guardian" on CBS. He has lectured and published articles about the names of various local bar associations.
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