Child Support and Paternity

child_supportChild Support in the South Bay and Santa Clara County

One of the most important practical arrangements that divorcing parents need to work out is the financial support of their children. Most child support questions can be answered with reference to the California Child Support Guidelines, but the guidelines themselves are fairly complicated. Parents sometimes also need advice about whether the amount provided by the guidelines should be adjusted up or down, depending on special circumstances.

For the advice of a lawyer who can guide you through the California child support process, contact The Law Firm of J. Hector Moreno, Jr. & Associates in Campbell. Our firm advises clients in San Jose, San Mateo and Silicon Valley about their rights and responsibilities with respect to child support.

Generally speaking in a divorce case, the California Child Support Guidelines consider the incomes of both parents, the number of children involved, the time the children spend with each parent, and such additional considerations as day care and health insurance expenses. In Santa Clara County especially, the guidelines are applied rather strictly, but there are many situations in which the amount of child support might be adjusted up or down, depending on the facts of the individual case: special needs of the child, a parent’s financial responsibility for other children, or health or medical issues on the part of the parent or child. We can advise you whether your case will likely compel an upward or downward adjustment in child support payments.

Child support in paternity cases is also determined under the guidelines

In paternity cases, child support is also determined by applying the California Child Support Guidelines. After a complaint to establish paternity is filed and proved, the father’s support obligation will be figured according to the same formula that applies to divorcing parents. Unmarried fathers seldom have formal child custody or visitation orders in place, however. As a result, the amount of child support will be determined based on the percentage of time that the unmarried father has with the child.

At The Law Firm of J. Hector Moreno, Jr. & Associates, we work closely with divorcing and unmarried parents to help them understand and fulfill their responsibilities to their children on terms that recognize the value of the other parent’s role and relationship to the greatest extent possible. If a parent’s child support obligations need adjustment due to a significant change of circumstances, we can advise you about the possibility of modifying them. We also help parents enforce their right to receive alimony payments in the event of default.

For additional information about California child support, contact a knowledgeable attorney at The Law Firm of J. Hector Moreno, Jr. & Associates.  Or, fill out the email form below.