Child Support Lawyer in San Jose
Dedicated Child Support Attorneys Ensuring Your Child Maintains Their Quality of Life
In a divorce, financial matters and those involving children are often the most disputed and emotionally heated subjects. Child support is one of these issues and is usually a controversial topic between divorcing couples.
Do you need assistance resolving a child support matter, such as establishing, modifying, or enforcing child support? Speak to our San Jose child support attorneys. We can help you through all phases of your family law matter and work towards an effective solution.
At Magdalena Law Group, our child support lawyers in San Jose truly care about our clients and want you to feel that you have someone on your side. Divorce is hard enough. Let our team guide you every step of the way.
Determining Child Support in California
Child support payments are used to cover the costs of raising a child. These payments continue until the child turns 18 years old or graduates from high school, whichever occurs first. Generally, no child support can be ordered for a child who is 19 or older unless it is a special needs child.
Courts consider the following factors when determining child support:
- All incomes of both parents
- Custody arrangement
- Number of children parents have together
- Other relevant costs
How Much Child Support Will I Pay or Receive?
California uses a very specific formula when it comes to calculating child support. This formula is as follows:
CS = K (HN= (H%)(TN))
- CS = Child support amount
- K = Combined total of both parents’ income to be allocated for child support
- HN = Net monthly income of the higher-earning parent
- H% = Approximate percentage of time the high earner has primary physical responsibility for the child
- TN = Combined total net monthly income of both parents
The amount of child support can vary from this formula in special circumstances, whether both parents agree on a different amount or the court decides that a circumstance requires more or less child support. In order to ensure that you pay or receive the child support that you deserve, you need an experienced San Jose child support attorney on your side.
Can You Modify Your Child Support Order?
Even if you experienced a drastic change in your financial circumstances, child support does not get automatically changed and you must file a Request for Order with the court to modify the support. The court will consider your reason for modification and whether it justifies a change in the child support amount. You should never skip out on child support payments or refuse to pay.
Reasons to get your child support order modified include:
- The income of one or both parents has changed
- One of both parents has lost their job
- The receiving parent has had another child in a new relationship
- The needs of the child have changed, such as healthcare or schooling costs
- Laws surrounding child support have been amended
- One of the parents has been incarcerated
Our San Jose child support attorney can help you with your modification petition and present a convincing case to the court.
Our San Jose Child Support Lawyers Can Help
Our Santa Clara County family law firm takes pride in providing personalized attention and knowledgeable counsel. We give you all the information, resources, and tools you need to make sound decisions for you and your family.
I'm fortunate to have picked Magdalena Law Group to help me get through a very difficult and emotional divorce. Magdalena and ...- Former Client
I had hired Magdalena after I realized that my spouse had filed multiple cases in the Unites States and other country. All of ...- Former Client
Magdalena is absolutely brilliant, compassionate and highly efficient. She is a brilliant strategist and will help you ...- Former Client
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I am pleasantly surprised that Magdalena finalized my divorce so fast.- Former Client
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They were able to quickly understand my case (even though I have not spoken to her in over a year) and get everything ready for court, which ended up in my complete favor.- Former Client