How To Understand The Child Support System?
If you are undergoing a legal separation, and you have children with your partner, it is likely that the issue of child support will arise at some point.
According to California law, both parents must take financial responsibility for the children that they have together, regardless of whether that partner is male or female.
In some cases, the partners who are undergoing the legal separation are able to agree on a fair amount for regular support payments, but in other circumstances, where both parents cannot agree, legal intervention may be require.
Here are some answers to frequently asked questions, to help you to understand child support in cases of legal separation: How is the level of support determined? The level of support which must be paid is determined using a formula which takes into account the custodial and the non-custodial parents' incomes, their tax filing statuses, any existing financial obligations which they may have, and the agreed current schedule of child visitation.
The standard of living which was enjoyed by the child before the legal separation of the parents may also be taken into account.
How is child support paid? Unless another method is agreed upon by all parties involved, support payments in California are taken directly from the paycheck of the partner who must pay the support.
The money is then given to the other parent by the Department of Child Support Services (DCSS).
How long must support child support be paid for? In the majority of cases, child support payments are mandatory until the child reaches 18 years of age, or 19 years of age if they are still in high school and continuing to live their physical custodian.
If the child marries, dies or is emancipated before the age of 18, then parents are no longer expected to pay this support.
What if my partner has lied about their financial interests? When considering how much child support is to be granted, family judges have the power to question whether the data they have been given is fully accurate.
In many cases, they are able to use additional evidence to help them to arrive at a more accurate figure.
Are child support payments only possible if I was married to my partner? It is possible to get financial support for children who were not born during a legal marriage.
It is usually possible to get financial support for any child whose paternity can be proven in a court of law.
What if I dispute the paternity of a child I am being asked to support? Whilst legal paternity is automatically bestowed on the husband in cases where partners are legal married, paternity may be disputed in some cases.
If there is any question about the paternity of any children who are involved in a legal separation, steps can be taken to ascertain whether you are the biological father of these children.
These steps may include considering the history of the pregnancy, blood testing and DNA testing of the child and father.
According to California law, both parents must take financial responsibility for the children that they have together, regardless of whether that partner is male or female.
In some cases, the partners who are undergoing the legal separation are able to agree on a fair amount for regular support payments, but in other circumstances, where both parents cannot agree, legal intervention may be require.
Here are some answers to frequently asked questions, to help you to understand child support in cases of legal separation: How is the level of support determined? The level of support which must be paid is determined using a formula which takes into account the custodial and the non-custodial parents' incomes, their tax filing statuses, any existing financial obligations which they may have, and the agreed current schedule of child visitation.
The standard of living which was enjoyed by the child before the legal separation of the parents may also be taken into account.
How is child support paid? Unless another method is agreed upon by all parties involved, support payments in California are taken directly from the paycheck of the partner who must pay the support.
The money is then given to the other parent by the Department of Child Support Services (DCSS).
How long must support child support be paid for? In the majority of cases, child support payments are mandatory until the child reaches 18 years of age, or 19 years of age if they are still in high school and continuing to live their physical custodian.
If the child marries, dies or is emancipated before the age of 18, then parents are no longer expected to pay this support.
What if my partner has lied about their financial interests? When considering how much child support is to be granted, family judges have the power to question whether the data they have been given is fully accurate.
In many cases, they are able to use additional evidence to help them to arrive at a more accurate figure.
Are child support payments only possible if I was married to my partner? It is possible to get financial support for children who were not born during a legal marriage.
It is usually possible to get financial support for any child whose paternity can be proven in a court of law.
What if I dispute the paternity of a child I am being asked to support? Whilst legal paternity is automatically bestowed on the husband in cases where partners are legal married, paternity may be disputed in some cases.
If there is any question about the paternity of any children who are involved in a legal separation, steps can be taken to ascertain whether you are the biological father of these children.
These steps may include considering the history of the pregnancy, blood testing and DNA testing of the child and father.
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