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Modification of Child Support

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What To Do If You Cannot Afford to Make Your Child Support Payments

Before ordering child support payments, a California judge looks over the parents’ incomes and expenses. They attempt to determine a fair and equitable contribution intended to enable parents to provide for their child financially. In some cases, for a variety of reasons, a parent may not be able to afford to pay their court-ordered child support. If your expenses increase or your income decreases, making it difficult or impossible for you to make your child support payments, there may be something you can do to make things easier. 1.    Discuss the Situation with Your Ex: While no oral agreement will be…

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Can a Prenuptial Agreement Dictate Child Support Payments?

Modern couples planning their marriage often find that prenuptial agreements are useful tools. They are especially helpful when one or both individuals entering marriage have significant assets to protect. One common mistake couples make when entering prenuptial agreements in California is including terms the court is likely to reject – like pre-determined child support payment amounts. Courts prefer divorcing parents to create a parenting plan outlining physical and legal custody of their children. When parents agree on the terms together, it usually results in lower levels of conflict and less stress for all involved. But this preference for amicable co-parenting…

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When Will the Court Consider a Child Support Order Modification in California?

California law is clear that parents are obligated to provide financial support for their children. When families are intact and live together, making sure the needs of the children are met is not necessarily complicated. The complications related to providing for children financially come once parents separate or divorce. To protect children from financial consequences, California will often order child support. Before a divorce can be finalized, child support must be decided. Both parents are required to complete financial disclosures and offer the court other helpful information used to determine an appropriate amount of child support. In most divorce cases,…

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California Child Support: When Do Child Support Payments End?

California law states that children have the right to be supported financially by both of their parents. When necessary the court will order child support obligations per the law with payments intended to provide the child with necessities like housing, food, clothing, educational costs, medical expenses, and other reasonable expenses. Basics of California Child Support: Child support payments are typically paid to the parent who has primary custody of the child. The amount of child support is based on California Child Support Guidelines taking into account the incomes of both parents and the amount of time the child spends with…

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How Does a Child from Another Relationship Affect Child Support?

In almost every divorce where parties divorcing are parents of a minor child or children, one parent is ordered to pay child support to the other parent. Most parents are aware of this and they are aware that the judge will consider the incomes of both parents when determining child support awards and the amount of the award. What many still find confusing is how remarriage does or does not affect child support orders already in place. California Child Support: How Does Remarriage Affect Previous Child Support Orders? The remarriage of a parent does not directly affect a previous California…

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What Can And Cannot Be Considered As Income For Child Support

Divorce is always a difficult period for the couple going through the procedure. The proceedings, however, are much harder if there are children involved. Children below the age of 18 are involved in the unpleasant business of divorce despite their unwillingness. Divorce settlements often do not proceed smoothly especially when there are issues revolving around child support. Debates often arise when it comes to calculating the percentage of an individual’s income that goes into child support. Confusions can also arise when it comes to determining the type of income that can and cannot be considered as child support. Income considered…

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3 Things You Must Know About Child Support

As you and your spouse are all set to divorce one another, one crucial consideration that both of you have to make is how your kids will be looked after you part ways. Here are a few things that you should know about child support. Financial support for the kids If you have dependent kids, you and your spouse must support them financially according to the requirements made by the law. As long as parents live together in a marriage, both of them support their children together. But when the couple divorced, they often are in an arrangement according to…

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What Role Does A Parent’s Income Play In Child Support?

During a divorce that involves children, one of the parent ends up having custody over the children while the other parent pays a certain amount as child support. It is important that parents earn a substantial amount of money each year for child support. Parents with low income have often found themselves losing child custody battles. In some cases, child custody has been awarded to a third party due to low income by both parents. Calculating the amount for child support It is very important that parents calculate the amount of child support they need to pay. Parents should first…

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The Concept Of ‘Jackson Credit’ For Child Support In California

There have been instances in California divorces where one parent has ended up giving 100% of his/her time for child support despite having child custody. Usually, the parent who takes care of the child for the majority of time should pay less but in some cases the reverse took place. The ‘Jackson Credit’ became applicable after the famous Jackson v. Jackson case. The Jackson v. Jackson case In the Jackson v. Jackson case, the mother charged the father with child support defaults when the child had been living with the father for 100% of the time.  Initially, the trial court…

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What To Know About Child Support While Divorcing Your Spouse

Irrespective of whether the parents were legally married or not, they have a responsibility to support and look after their kids. If a marriage or a marriage-like arrangement has come to an end, the custodial parent is supposed to get paid by the non-custodial parent by the order of the court.  Both parents have the obligation to support their children. Custodial and noncustodial parents A custodial parent refers to that parent with whom the kids live for all the times or for a majority of the times post the divorce. On the other hand, a non-custodial parent is awarded access…

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