In California, the court renders decisions about child custody during a divorce trial. For instance, they determine the exact value of the child support payments required by the custodial parent. family attorneys in Temecula could negotiate with the court to make these payments more manageable.
Calculating Child Support Payments
Income is the first factor evaluated when choosing child support payments. The court determines what value equates to the non-custodial parent’s responsibilities to the child. This value must provide additional support to cover expenses such as health care, food, shelter, and school-based requirements. The value is based on the non-custodial parent’s earning capacity. It isn’t always based on their exact income.
The Responsibility of Both Parents
The payments must reflect a required value. This doesn’t indicate that a parent with a lower income must pay an extravagant value when the custodial parent’s income is double their own. The judge identifies a value that is fair and reasonable. It is also based on the total number of children for which support is needed.
Increasing Child Support Payments
After one year, the custodial parent has the right to petition the court for an increase in child support payments. This action is available at any time that the non-custodial parent acquires a pay increase. It is also available if the custodial parent loses their job and is in the process of gaining new employment.
Reporting Child Support Violations
Any time that the non-custodial parent fails to make child support payments, they are in contempt of court. The custodial parent has the right to file a report with the court, after which, the judge may issue a warrant for the arrest of the non-custodial parent for this violation.
California child custody hearings require the assignment of child support payment. The judge calculates these payments according to the income of both parties, their responsibilities to the child, and the requirements of the child. Any violation in which the non-custodial parent fails to provide these payments is considered a criminal act. Parents who need to discuss these assignments should contact family attorneys in Temecula at the Law Office of Michelle Penna, or visit the website for further information.
