Child Support Lawyer in San Jose

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.

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

An attorney can help you with your modification petition and present a convincing case to the court.

Personalized Counsel. Knowledgeable Advice.

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.