Child Support Attorney
Whether from family, friends, or the news, most likely you have heard horror stories of parents trying to secure child support. Just as common, there are many myths about how a court determines child support. Most people have little idea on how this complex calculation is arrived at. Just the thought of asking for support and proceeding with a potentially drawn-out case fills you with dread. Conversely, many people have been threatened or believe they will have little to no money to live off after child support is ordered.
However, while it may seem like it at times, know that you are never alone.
With expert legal advice and representation from child support attorney, Kara Holtz, founder of Holtz Law in San Rafael and Redwood City, as well as a general understanding of what child support is and its legalities, you will be well-prepared when you ask the court for an order.
What You Need to Know About Child Support
Parents are equally responsible for financially supporting their child (or children). This responsibility continues despite parents separating, with either one or both parents paying child support (monthly payment court orders for the child’s or children’s living expenses).
However, contrary to what some may think, child support does not begin as soon as the separation becomes official. It takes one parent to ask the court for a child support order (as well as an establishment of parentage).
Some types of cases where a parent asks for an order of support includes:
- Domestic Violence
- Restraining Order
- Child Custody
Using state guidelines, the judge signs a child support order parents must adhere to. Of course, the original order can change due to changing circumstances (which we discuss below).
Modification of Orders
A modification of orders, or a change of the child support order, can happen for a number of reasons:
- Parent loses his/her job
- Parent goes to jail or prison
- Child or children spends more or less time with a parent
- Child’s or children’s needs (i.e. health care, child care, education) increase or decrease
- Parent has another child from a separate relationship
As you can see, the common denominator for all of these situations is change. Because of some change, the original order that was agreed upon now is unacceptable for one or both parents.
What Happens When Circumstances Change
Some parents can come up with a new agreement on their own and then present it to the judge to sign. Other times, parents need legal help to reach a new agreement. Often, this means one parent files a motion with the court asking for a modification of the original order. The issue is then settled in court.
One False Assumption About Modification Orders
One mistake parents can make is assume that, after filing the motion for a new order, the original order is now ineffective. This is a false assumption and can cause much confusion. Until the judge signs the new order, the original order is still legally binding and parents must continue to adhere to the prevailing order.
Child Support Lawyers
Navigating the ins and outs of child support and modification orders is complicated, to say the least. For legal support in Northern California, from San Rafael to Redwood City, contact Kara S. Holtz, certified family law specialist. You may also call Holtz Law at (451)-785-4129 (North Bay Office) or (650)-632-4380 (South Bay Office).