Bakersfield Child Support Lawyer

Child support refers to the financial obligation that a noncustodial parent is legally required to fulfill for their child following a separation or divorce. The primary purpose of child support is to ensure that both parents contribute financially to the upbringing of their child, regardless of their living arrangements.

In California, child support is typically determined based on statewide guidelines that consider factors such as each parent's income, the amount of time the child spends with each parent, and various deductions. The court may order one parent to provide child support to the other, depending on the circumstances. It's crucial to have a clear understanding of these guidelines, as they can significantly impact the financial responsibilities and rights of each parent.

Common types of child-related expenses covered by child support in California include:

• Basic needs: Child support often covers the basic necessities of a child, such as food, shelter, and clothing.
• Healthcare costs: Child support may include provisions for the child's health insurance premiums, as well as uninsured or unreimbursed medical expenses.
• Education expenses: This may include costs related to the child's education, such as school fees, supplies, and extracurricular activities.
• Childcare costs: If the custodial parent incurs childcare expenses due to work or other commitments, child support may cover a portion of these costs.
• Housing & utilities: The noncustodial parent's child support contribution may go towards the child's share of housing and utility costs in the custodial parent's home.
• Transportation: Child support may cover transportation costs associated with the child's visitation, such as travel expenses or the cost of maintaining a vehicle for transporting the child.

Frequently Asked Questions

How Do I Calculate Child Support in Kern County? 

Throughout Kern County, the amount of child support typically depends on a complex formula used by the courts that considers each parent's income, the time the child spends with each parent, and any deductions or special circumstances that may apply. This calculation is important for ensuring that the child maintains a similar standard of living, regardless of which parent they reside with.

Parents may use the California Child Support Services' guideline calculator to get an estimate of potential obligations. An attorney can provide insight into any adjustable factors that the courts might consider, such as costs related to specific needs of the child that go beyond the basic calculation. In Kern County, local courts might also consider unique economic conditions of the area that could affect support amounts.

How Long Do Child Support Cases Typically Take in Bakersfield?

Child support cases in Bakersfield can vary in duration depending on several factors, including the complexity of the case, the level of agreement between the parties, and the workload of the local court. Generally, initial determinations might take a few months from the filing date if both parties agree and promptly provide necessary documentation. However, if disputes arise or additional hearings are needed, the process can extend significantly longer. It's important for each party to remain responsive and organized to facilitate a smoother process.

Can Child Support Arrangements Be Modified in Kern County?

Yes, child support arrangements can be modified in Kern County if there is a significant change in circumstances that justifies a revision. Common reasons for modification include changes in either parent's income, changes in custody arrangements, or the specific needs of the child evolving over time. To modify a child support order, the requesting party must demonstrate new evidence concerning their financial situation or the needs of the involved child.

How Does Child Support Work in California?

Once the prospective child support payor is located, they will receive a Summons and Complaint packet notifying them of the support case. They have 30 days to respond. If they choose not to respond, the court may grant a default judgment awarding support to the parent or guardian who initiated the case.

Assuming both parents named in the support case have legal parentage of the child, they have two options:

1. Form a stipulated agreement: If the parents agree on a child support arrangement, they can work with their attorneys to draft and sign an agreement detailing those terms. A court can then approve the agreement to finalize the support arrangement.
2. Litigate the case in court: If the parents disagree, they can attend court together and present their cases to the judge. The judge will then determine an equitable arrangement and issue a child support order. For residents of Kern County, understanding the local court environment and expectations can be beneficial when preparing for such proceedings.

After a child support order is established, the support payor's employer will be responsible for automatically deducting child support from their paycheck. It's crucial to maintain open communication with both the employer and the court to avoid potential issues with compliance, as failure to do so can result in enforcement actions.

When Does Child Support End in California?

In California, child support generally ends when the child turns 18, the age of majority in the state. At this point, the child is considered legally emancipated, and the custodial parent is no longer entitled to receive child support. Additionally, if the child is still attending high school and is not yet 19 years old, child support may continue until the child graduates or turns 19, whichever occurs first.

If the child becomes emancipated, gets married, or enters active military service before reaching the age of majority, child support may end. Emancipation occurs when a minor is legally declared independent of their parents and assumes adult responsibilities. It's vital for parents to take proactive steps in understanding these cutoff points and prepare accordingly.

In some cases, if the child has a severe disability that prevents them from becoming self-supporting, child support may continue beyond the age of majority. This situation typically requires a court order. Parents may also have the opportunity to modify support arrangements if significant life changes occur, necessitating a reevaluation of financial commitments.

What Happens If You Fail to Pay Child Support?

If a parent in California fails to pay child support as ordered by the court, several legal consequences and enforcement measures can be taken to ensure compliance. The California Department of Child Support Services (DCSS) and the court system work together to enforce child support orders. Being aware of these potential repercussions is crucial for maintaining compliance and avoiding additional legal entanglements.

Here are some potential consequences for a parent who fails to pay child support in California:

• Wage garnishment: The court may order the noncustodial parent's employer to withhold a portion of the parent's wages to cover past-due child support. This process is known as wage garnishment, ensuring that child support payments are deducted directly from the parent's paycheck.
• Bank account levies: If the noncustodial parent has failed to pay child support and owes a significant amount in arrears, the court may order the seizure of funds from the parent's bank accounts to satisfy the unpaid child support debt.
• Driver's license suspension: The California DMV may suspend the driver's license of a parent who is significantly delinquent in child support payments. This measure is intended to encourage compliance with support orders.
• Professional & occupational license suspension: The state can suspend or deny the issuance or renewal of professional and occupational licenses (such as a business license, contractor's license, or real estate license) for a parent who is in arrears on child support.
• Passport denial: The U.S. Department of State can deny or revoke a noncustodial parent's passport if they owe more than $2,500 in child support.
• Contempt of court: If a parent willfully refuses to comply with a court order to pay child support, they may be held in contempt of court, resulting in fines, imprisonment, or other penalties.
• Property liens: The court may place liens on the noncustodial parent's property, such as real estate, to secure payment of past-due child support.

Learn more about how our Bakersfield child support lawyer can assist you by contacting us online or by calling (661) 760-2872 today!