Fontana Child Support Lawyer

Child support cases are one of the most common types of cases in California family court, and it’s an issue the courts take very seriously. Ensuring the basic needs of a child are met is the responsibility of both parents, whether the parents were married or not. Contentious child support cases are often the result of a misconception of the laws. Whether you are in need of a support order or need to prove the paternity of yourself or your child’s other parent, it’s important that you know your rights and have reliable legal representation.

All American Law offers more than 30 years of combined legal experience to meet all your child support order needs. We have successfully represented many clients with many situations similar to yours. Our client-focused approach aims to optimize the interest of your children and you as we are dedicated to protecting your rights and working with you to determine the ideal outcome for your case.

California Child Support Laws

California family court has the final say in all child support cases. Specific methods are used to calculate what the support obligation of each parent in relation to the custody arrangement and income amounts of both parents should be. It is customary in California that the higher-earning parent will pay support to the lower-earning custodial parent. Even if the custodial parent earns more than the noncustodial parent, the noncustodial parent will typically be ordered to pay the custodial parent more often than not.

When determining the amount of child support one parent will pay, an evaluative comparison is performed on the income of each parent, including any tax deductions they are eligible for. After the court evaluates the basic needs of the child and their living expenses according to the costs of living and the child’s needs, it will determine the final amount for financial support and then divide that number by half. Depending on which parent the child spends more time with, typically the noncustodial parent is ordered to make monthly payments to the custodial parent that equals half of the total calculated support obligation.

Modifying Child Support Orders

In some situations, a modification of an existing child support order is necessary. California family court allows the petitioning for a modification of a child support order when an unexpected change occurs and when reasonable requests for a change are made. Some reasons commonly accepted by the court for a modification allowance include a change of job or income for one parent, a job loss of a parent, a medical emergency within the family, or when relocation of one parent takes place.

It is important to have a reliable child support attorney to assist in drafting a petition for modification and to guide parents through the complicated legalities required for a successful modification. If one parent has made a request for a modification and the other parent feels it is unnecessary or unreasonable, a child support attorney can help counter the modification request and properly carry out further action if necessary.

How Can a Child Support Attorney Help Me?

A child support attorney can be useful in child support cases in several ways. Some instances when an attorney can be beneficial in a child support case include the following services:

• Preparing petitions to file
• Adhering to deadlines set forth by the court
• Gathering documents required to show evidence of certain situations that support your case
• Interpreting the laws as they apply to your case
• Helping you navigate through court processes
• Protecting your rights and the interests of your child

An experienced attorney who is well-established in your area can be your most effective ally when determining the most optimal way to approach your case because they have learned what works in your local family court system and can apply their knowledge base to your case.

FAQs About Fontana, CA Child Support Laws

​How Do I Fight Child Support in California?

If you feel a child support order has been unfairly imposed by the court system of California, you can file a petition to modify the order with the Superior Court. While you can’t fight to not pay child support, you can fight to modify an existing court order or file a notice of appeal if it’s within 60 days of the initial court judgment date. This is called the “Notice of Entry” and is stamped on the judgment mailed to you following the judge’s final order ruling for your case.

​Who Pays Attorney Fees in Child Support Cases in California?

In child support cases in California, the judge presiding over a case may order one of the parents to pay all the attorney fees for a child support case, or the judge may order a portion of the fees be paid by one parent, and the rest by the other parent, or both parents may be required to split the attorney fees equally. Thus, it is the judge’s discretion as to who pays the attorney fees.

​What Is the New Child Support Law 2023 in California?

New amendments for 2023 to the child support laws in California are updates to state laws regarding the way child support is calculated. The new laws put more emphasis on the importance of equal contributions from both parents when it comes to meeting their children’s needs. It also puts more weight on parents’ incomes, the time they spend with their children, and other determining factors.

​How Far Back Can You Sue for Child Support in California?

California law allows a parent to back sue for child support owed for the last three years, but only if there was a child support order in the first place. If you are attempting to get back child support for a time period that was outside of a court order for support payments, you won’t have much luck. Getting a court order now, however, can secure your right to sue for unpaid payments in the future.

Hiring an Established Fontana Child Support Lawyer

If you are experiencing issues with child support in Fontana, whether you are the requesting parent or the parent ordered to pay, we can offer sound legal advice on your case and options. We are straightforward with all of our clients in regard to how the laws affect them and their cases. Contact All American Law today to learn more about our services and get legal counsel on your unique situation.