Orange County Child Support Lawyer

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Some of the potentially more complicated steps during the divorce process are spousal and child support determinations. Negotiating and modifying new and existing support agreements can be challenging both legally and personally. However, by working with a qualified and experienced Orange County child support lawyer from The Hatherley Firm, you can ensure a fair and favorable determination will be made.

Child Support Representation in Orange County, CA

When it comes to helping families navigate the complex legal issues that surround support determinations for both spouses and children, The Hatherley Firm provides skilled representation and diligent advocacy. We know how to uphold your rights and fight for an agreement that reflects your actual circumstances. Whether you are the payor or the payee for either spousal support, also known as alimony, or child support, we can help you reach an agreement that is fair and benefits everyone.

What Is Child Support?

Child support refers to regular, court-appointed payments made by one parent to the other to cover a shared portion of the related expenses associated with raising a child and ensuring their well-being. The intent of child support is to ensure that each child continues to receive the same level of monetary support they would have received had their parents stayed together. California considers the financial responsibility of raising a child to fall onto both parents equally and will generally enforce an equitable allocation of financial responsibility.

When determining child support agreements, the court will prioritize whatever arrangements represent the greatest interest of the child. The court will always seek to ensure that the child’s needs are met, including physical needs such as food, shelter, and clothes, as well as other needs such as education and healthcare. These arrangements are typically initiated alongside the custodial process when legal and physical custody is determined.

How Are Support Arrangements Determined?

Every child support arrangement is unique to each family and takes their particular needs and circumstances into consideration. However, there are some general guidelines:

  • Child support. The formulas dictating child support payment amounts consider both parents’ incomes, the custody arrangement, and the total number of children. Although California places equal financial responsibility on both parents, it presumes this responsibility is being met by the custodial parent during their time with the kids. For this reason, the exact support amount may also vary depending on how much time the parent spends with the child.

How Does Remarriage Affect Support Agreements?

For child support, the individual assigned to pay support is obligated to continue even if they remarry or start a new family. Although legal, the choice to voluntarily begin a new family does not preclude an individual from maintaining their obligation and responsibility.

FAQs

Q: How Much Is Child Support in California?

A: In California, child support is determined based on several varying factors, such as each person’s income, standard of living, and the number of children. The purpose of support arrangements is to maintain the standard of living enjoyed during the marriage and to ensure that the children are not adversely affected financially by separation or divorce. Support agreements will be determined by the family court for each particular family according to their needs and situation.

Q: What Is the New Child Support Law 2023 in California?

A: The new 2023 Child Support Law in California seeks to amend current child support laws in order to reflect ever-changing family dynamics and economic realities. Specifically, the new law, which goes into effect in September 2024, will allow child support add-ons, such as childcare expenses, to be allocated in proportion to each parent’s income rather than a strict 50/50 split. The child’s welfare remains the primary concern and priority, even as the law attempts to better allocate equitably.

Q: Can I Go After My Ex-Husband’s New Wife for Child Support in California?

A: In California, your ex-partner’s new spouse is not responsible for child support in any capacity. This means you cannot, for example, legally seek support payments from your ex-husband’s new wife.

When initially determining child support payments or when making any modifications to an existing arrangement, the court will only consider the income of the biological parent. Because California is a community property state, however, combined income may be a determining factor in some cases.

Q: Will I Be Responsible for My Husband’s Child Support in California?

A: California considers biological parents to be exclusively responsible for legally supporting and caring for their children. Stepparents have no obligation to provide this support. However,
California is a community property state, meaning all assets in the marriage are considered jointly shared.

This may be a factor, especially if the combined income raises your spouse’s tax bracket. Nevertheless, you are not directly responsible for fulfilling or maintaining your partner’s required child support payments.

Contact Your Orange County Child Support Lawyer

Spousal and child support represent important and necessary provisions in the family law system. Whether you are the paying spouse or the receiving spouse, it is important that you obtain proper legal representation when facing support determinations. The Hatherley Firm can help you obtain the most favorable outcome, ensuring a fair support agreement. Contact our office today to learn more.

Office Location

2050 Main Street, Suite 600 Irvine, CA 92614

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