Family law cases can evoke strong emotions from all parties involved, and these cases can sometimes become sources of emotional hardship and trauma. Having a family law attorney can assist you with complex processes that can be involved in child custody cases. For families in need of a Thousand Oaks child custody lawyer, McFadden Family Law & Mediation can help you determine the best solution for you unique situation and develop a strategy for obtaining the results you desire.
In Thousand Oaks, a family lawyer handles a wide range of family issues with confidential and comprehensive support. They assist clients with cases like:
Both parents have a legal obligation to provide financially for their children. Child support exists to provide for the essential needs of children, such as housing, food, clothing, health care, child care, and education. The amount of child support owed is determined by a statewide guideline formula that considers how much each parent earns (or could earn), how much time each parent has physical custody of the children, the assets and liabilities of both parents, the living expenses of both parents, and extraordinary or special needs of the children. McFadden Family Law & Mediation helps you calculate guideline child support using the same DissoMaster software used by all family law practitioners and courts throughout Thousand Oaks, CA, and the rest of California.
Children are supposed to share in both their parents’ standard of living, such that they are not impoverished in one parent’s household and wealthy in the other’s. This is why child support is tied to parental incomes more than to the actual costs of raising a child. The parent receiving child support is entitled to spend these funds however they see fit in the children’s best interest. In addition to a monthly amount of guideline child support, parents are typically also ordered to pay for one-half of their children’s uninsured health care expenses and for one-half of child care expenses that are necessary for either parent to work or attend school.
Child support is usually paid until the child turns 18 years old and graduates high school, or turns 19 if still a high school student. In some circumstances, if an adult child is disabled and incapacitated from earning any income to support their own needs, parents may be ordered to pay child support into adulthood. Child support is considered to be the right of the child, so it is not legal for a parent to waive their right to collect it. However, it is possible for parents to agree to a child support amount that is higher or lower than the guideline amount if the children’s needs will still be met.
A parent’s wages can be garnished to pay child support. Failing to pay the court-ordered amount of child support can result in serious consequences. Unpaid support accrues legal interest at the rate of 10 percent each year, and the debt never goes away. A support obligor’s assets can be seized, their driver’s license and passports can be withheld, and they can even be sentenced to jail.
Child support is an important part of family law that ensures children are cared for following parental separation or divorce. Child support payments are ordered to make sure both parents are meeting their child’s needs and that financial support is provided by both parents, even if one parent has primary custody of the child. Parents should recognize the requirements of a child support order from the court and understand the consequences of missing required child support payments.
Some states have set limits on the length of time parents can pursue legal enforcement of any overdue child support payments, which is called the ‘statute of limitations.’ In California, there is no statute of limitations within which a parent can collect past-due child support payments. A court can enforce payment obligations until the non-custodial parent has paid the custodial parent in their entirety.
‘Child visitation’ refers to the time allotted to a non-custodial parent to spend with their child following their parents’ separation.. It is a legally enforceable agreement between parents that details when and how the non-custodial parent will have access to their child.
The plan usually outlines the frequency, location, and duration of visits and is agreed upon by both parents. However, if parents can’t agree on the visitation plan, the court can intervene and determine a plan that’s based on the best interests of the child.
Family lawyers can address your specific goals and objectives. You may have specific needs and preferences for the way you end your marriage, settle a relationship, or create a child custody plan. These ideas should be prioritized by your family law attorney, who will help you understand your legal options, set realistic expectations, and develop a legal plan alongside you for obtaining the results you want.
You should feel comfortable discussing the details of your situation honestly and extensively. With a family law attorney, you can discuss a strategy that helps achieve your family’s legal goals.
If you are dealing with a family law issue in Thousand Oaks, a skilled attorney at McFadden Family Law & Mediation can help resolve your legal issues and achieve a positive outcome for you and your loved ones. An attorney can keep you informed of your rights as a parent and provide you with a full range of options for pursuable parenting plans.
A Thousand Oaks family attorney can help you achieve a favorable outcome during negotiations with the child’s other parent. Backed by years of professional and personal experience, we are familiar with the common mistakes made by parents seeking child custody and child supportorders, and we can guide you through the correct steps to ensure your family has what it needs to thrive.
Contact the attorneys at McFadden Family Law & Mediation to schedule an initial consultation with one of our skilled family law attorneys if you need help with a child custody or support issue.
A: The cost for a child support lawyer in Thousand Oaks, CA, varies depending upon several factors, including the lawyer’s level of legal experience and the time they may spend on your case.
Additionally, the more complex the area of law involved, the higher the costs might be. You may find experienced attorneys invaluable when navigating a California family law matter.
A: Many types of evidence work against your interests in a custody battle, including evidence of:
If the other parent raises a negative issue, your attorney can give an explanation showing why the evidence does not work against your child’s interests.
A: In California, it can be a crime for failing to pay court-ordered child support, under California Penal Code Section 270. If someone consistently fails to pay court-ordered child support and owes over $2,500 in back payments, they may face a felony charge.
If the total sum is under $2,500, there are other solutions that can be implemented, including:
A: You aren’t required to hire a lawyer for child custody cases in California. However, without attorney support, you might find yourself at a disadvantage. An attorney can guide you through difficult decisions to help you avoid substantial risks. An attorney may also help:
If you are dealing with any child custody issue, seek the help of a knowledgeable California lawyer today.
Need help with child custody or support? Our experienced Thousand Oaks attorneys are here to guide you through the process. We can answer any questions you may have about complex legal matters, penalties for overdue child support, and options for altering child support plans. Contact us today for a free consultation and get the support you deserve.