Aharonov & Revy Family Law, LLP Aharonov & Revy Family Law, LLP

California law ordinarily sets monthly payments for child support

Under ordinary circumstances, California law sets the amount of child support that non-custodial parents will pay. However, circumstances are not always ordinary. Therefore, the courts do have some discretion in setting monthly payments that are more in line with the dynamics of the families involved.

For instance, many California couples have children with special needs due to physical and/or mental disabilities. The custodial parent should not have to bear any extra expenses of a special needs child on his or her own. The other parent is often ordered to pay higher child support payments in order to help cover these additional and necessary expenses of the child.

Some non-custodial parents who are facing child support payments are self-employed and may attempt to hide a portion of their income from the court in order to keep from paying a higher amount. Others request additional visitation time, hoping that it will keep their support obligation low. It is also possible to modify a child support order if either parent's circumstances significantly change. In the alternative, if the paying parent is not living up to his or her obligations, the other parent can petition the court to have the order enforced.

Monthly payments for child support can be adjusted up or down depending on your family's circumstances. The statutory guidelines are only a starting point, even though many parents make payments in line with those guidelines. If you need an adjustment to your payments for whatever reason, it would be advisable to work with an attorney who understands the process and the potential battle ahead of you.

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