San Bernardino Child Support Attorneys

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Child Support Laws in California

When two parents separate, divorce, or otherwise stop living together, they must address the issues of child custody and support. Child support is the monthly sum paid to a custodial parent by a non-custodial parent or a higher-earning parent with joint custody. Although both parents have an obligation to shoulder at least some of their children’s expenses and care, child support is designed to provide the child with the level of care he or she would receive if both parents were living and contributing together.

How Is Child Support Determined?

Child support may be established either by an agreement decided by the parents or by judicial decree. In the event that a judge determines the child support award, he or she will consider the following factors:

• The income and earning capacity of each parent
• The number of children the parents share
• The amount of time each parent is able to allocate to each child
• The cost of the children’s health insurance
• The status of each parent’s tax filings
• Each parent’s expenses for mortgage interest, property tax, etc.
• The amount of spousal support paid by the higher-earning spouse
• Any other child support payments received or paid by each parent
• Additional child care expenses, including daycare tuition, visitation travel costs, school books, tuition and materials, uninsured health expenses, and any special needs

Child Support & Stepparent Adoption

Stepparents can also become involved in child support for their spouse that has a child from a previous relationship. When a stepparent comes into the picture, they may want to the child to be treated as their own. This includes gaining legal authority of them and being able to legally say they are their child. If the other parent is unwilling to sign over rights, then those rights will need to be terminated by the court.

In some instances, the newly married couple may attempt to use the issue of child support to prove abandonment by the non-custodial parent. They may have failed to make any or all of their payments, even though the child is biologically theirs.

The court can review this and may find that the non-custodial parent is unfit to care for the child and that they have demonstrated disinterest. This is when a step-parent can step in and request custody. They may be able to share joint custody with their spouse even though only one of them is a biological parent. Issues can also arise if the stepparent and biological parent divorce.

Even though one of them is the biological parent, under the eyes of the law they both share rights and custody can then be divided between them. For those that want to make an adjustment to support payments, it should always be done legally through a modification to avoid any ramifications.

Either parent can request a change be made to either raise or lower the payments and the court will decide if they believe the adjustment is in order. It is important to find a local, trustworthy San Bernardino child support attorney who can guide you through this entire process.

Request a Consultation with a Top-Rated Divorce Attorney

If you need a lawyer for a child support case in San Bernardino, turn to us. For most parents, their children are the focal point of their lives. Nothing supersedes the importance of your children's health and safety. At the Law Office of Michael R. Young, we are similarly committed to ensuring the continued protection of your children’s best interests.