Child Support Attorney in San Jose, CA
When it comes to dealing with a child support case, you don’t want to leave the outcome to chance. Working with a San Jose child support lawyer can help ensure you and your child’s legal rights are protected throughout the entirety of your case.
Hire a Child Support Lawyer With Years of Experience
Rebekah A. Frye of The Law Offices of Rebekah A. Frye, PC has almost 30 years of professional experience helping California families through their most difficult moments. She’s a Certified Family Law Specialist, a certification granted to only a small percentage of lawyers in the state.
We don’t take shortcuts in client cases. Our team understands that no two cases are the same and that each requires a custom legal strategy for optimal success.
We work to resolve legal matters as quickly as possible. We thoroughly understand local child support laws, and we can represent you in all family matters at the Family Justice Center Courthouse, located at 201 North First Street.
California’s Child Support Laws
In 2023, roughly 72,721 San Jose residents were divorced. Divorce can feel like a scary topic to broach with your spouse, especially when you have minor children involved. Knowing other Californians have been in your shoes can be a source of solace.
Understanding California’s laws surrounding child support can help you feel in control of your case. In California, both parents share an equal responsibility to financially support their minor child in a way that fits the child’s needs and living situation.
California uses a specific formula to calculate child support. The child support amount is based on:
- How much time each parent spends with the children
- The higher earner’s net monthly income
- The total net income of both parents
Typically, the higher-earning parent pays the lower-earning parent, depending on the child custody arrangement. 9% of San Jose households in 2023 were run by male householders. 15% were run by female householders. For parents earning less than the full-time minimum wage, an adjustment is made to the support formula.
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Exceptions to The California Child Support Formula
The formula amount is generally assumed to be correct, but this assumption can be challenged if applying the formula would be unfair. Examples include situations where:
- A parent has an extremely high income
- Housing costs or child needs are atypical
- Both parents share time equally, but have very different incomes
A court may order a support amount that differs from the guideline calculation. In this situation, the court must clearly explain:
- The initial guideline amount
- The reason for the difference
- Why the final order serves the child’s interests
When calculating support, the income of a parent’s new spouse or partner is generally not considered. In rare cases where excluding that income would cause extreme hardship to the child, the court may consider it.
It’s important to hire a child support lawyer to help you during this time. California laws can be complex, and each divorce is unique, depending on the details of your family’s situation. Having a skilled San Jose family lawyer on your side is an added layer of protection. They’ll be able to negotiate for a fair outcome on your behalf.
FAQs About Child Support Laws in San Jose, CA
When Does Child Support End?
Child support typically ends either when the child turns 19 or finishes 12th grade, whichever happens first. If the child has a documented medical condition that prevents them from attending school full-time, this may be altered. Parents may also agree to provide additional support beyond what the law requires. Consult with a knowledgeable San Jose child support attorney to discuss your circumstances.
Can a Child Support Order Be Changed in California?
In California, a child support order can be changed if there has been a significant change in finances or personal circumstances for either parent. This process is called a modification. Usually, a modification is considered if the support amount would change by at least 20% or $50, whichever is less. If both parents agree on the new amount, they can file it with the court. If they can’t agree, the court may decide.
Under What Circumstances Can a Support Order Be Modified?
A modification can be requested in cases such as a parent losing a job or starting a new one, or a change or loss in income. If custody arrangements change, a modification request can be filed. If a parent remarries, takes on stepchildren, has new children, becomes disabled, is sent to prison, or is deployed for military service, they can request a change in child support. When requesting a modification, you may need to provide extensive proof of the change.
Can Parents Decide Their Own Child Support Amount?
In California, parents can agree on a specific child support amount, but the agreement must be approved by the court. The court can’t approve an amount below the guideline formula unless both parents confirm they’re entering the agreement voluntarily, believe the agreement is in the children’s interests, and that the children’s needs are met by the agreed amount. It is important to work with an experienced attorney in these circumstances to ensure the agreement is legally valid.
What Happens if the Paying Parents Refuse to Make Child Support Payments?
In California, there are significant legal penalties if a parent doesn’t pay child support. If someone who is owed child support has not received payments for more than 30 days, they should notify the court. If the overdue support remains unpaid for more than 30 days after the notice is filed and served, a penalty of 6% per month applies to the unpaid amount, up to a maximum of 72%.
Work With a Family Law Firm That Cares
The team at The Law Offices of Rebekah A. Frye, PC has handled hundreds of California family law cases. Reach out to our office today to schedule your confidential consultation. When it comes to our clients, we don’t see them as just another case number. To us, our clients are our neighbors and fellow California residents and community members.
