Child Support In California

Reynolds (2004) stated that five out of every six custodial parents are mothers, and he goes on to say that one out of three of those custodial parents receives a full payment averaging about five thousand dollars. Often times a judge makes the decision to grant custody to the mother based on the idea that a mother has a closer relationship with the child because of giving birth. However, it is important to remember as Smith (2003) reminds us that fathers love their children just as much as mothers, and to call them non-custodial parents is offensive. Often times when parents get divorced the mother has been a stay at home mom and the father has been the primary bread winner so, when a mom is awarded custody as you can imagine it becomes very difficult for her to balance the children and the one (or more) jobs that she has to work in order to support the family.

In situations, when the non-custodial parent who has been ordered to pay child support fails to do so, the other parent can depend upon federal and state family law to mandate appropriate enforcement procedures. Parents who are delinquent on their child support are commonly referred to as “deadbeat parents.” The term is typically used to reference state laws created to deal with a parent’s refusal to abide by the court’s child support order. These mandates ensure that child support payments are submitted in a timely manner.

This is to help maintain the home for the child which many have misconstrued as monies for the parent. This has been an ongoing debate and non-custodial parents feel they should know where their money is being spent. Courts have opposed this as of today. When child support was introduced in 1975, many non-custodial parents would refuse to pay and many children were thrust into poverty. Currently, not paying child support according to Child Support Laws (2014),”made it a Federal crime to willfully fail to pay past-due child support payments.” Punishment can include loss of driver's license or passport, not able to obtain credit, and possibly not able to obtain

When you think about child support, many people immediately think the father is the one not paying it. Little do we know a father can defiantly file child support to the child’s biological mother. The problem with child support is the courts don’t really enforce it the way they should. If the parent who is being asked to pay the child support is financially stabled, they should not be able to hire a lawyer, go to court and try to appeal. I do not feel that it is fair to the parent who is actually with that child twenty-four seven, and it is definitely not fair to the child, because they did not ask to be here. If it took two people to lie down and conceive the child then it should take two people to actually take care of the child.

Child support is a complex and detailed process even with the strict calculation guidelines in place. The parents can agree upon an amount or the court may adjust the amount according to the situation.

With fault based divorce in the 1960s, child custody depended primarily on the child’s age. If the child was under seven years old, also known as the ‘tender years,’ the mother would receive physical custody. This was because of the belief at the time that women are good caregivers and it was their job to take care of the children at home. However, if the children were older, custody would be granted to the parent of the same sex. Sometimes judges would also award custody of children dependent on martial or sexual conduct of the spouses. When custody was awarded in this way, the presiding judge could be more focused on the rights of the parents than what is best for the child in that situation. Either way, it was quite noticeable that child custody was based on the judge and their opinion, which could change from case to case.

Under Family Code Section 3900, the legislation states that the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances as well as the parent’s circumstances and station in life. Family Code 3901(a) followed by Section 3900 that the duty of support of a parent continues to unmarried child who has reached the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child

the preferred way of ensuring a child's welfare is through support of the child's family

Christopher Lambesis (Father) and Erin Lambesis (Mother) were divorced in 2013. In the divorce decree, Father was ordered to pay Mother $100 per month for child support for the two minor children. In October 2014, Father filed a Petition to Modify Child Support. Based on his own calculations using the Parent’s Worksheet for Child Support, he requested Mother pay him $100 per month. Mother requested a hearing in response including her own calculations indicating that Father should be paying her $123 per month. An evidentiary hearing was held and the court ordered Father to pay mother child support amounting to $149.30 per month. Father filed a Motion for a New Trial stating that he was not provided with documentation regarding Mother’s financial status in a timely manner and that the family court’s child support obligation calculations were incorrect. Mother filed an Application for Attorneys’ Fees and Costs. The court denied Father’s request for a new trial and granted Mother’s request for attorney fees. Father filed a motion to reconsider the allocation of parenting time coordinator’s fees. This motion was also denied. Father appealed the court’s decision.

If there are children that are being accommodated by the Local Authority, then this all comes under the Children Act 1989.

Which means even if the noncustodial parents live in another State he can still be tracked down for support. Employers are vital to the child support program. Child support can be collected through direct wage withholding. This will also implement the employer to enroll children in health insurance, and remit child support o the State Disbursement Unit. Intercepting state and federal tax return, workers compensation, and unemployment payments is another action that can be taken to obtain support. Both the custody and noncustodial parent will be sent letter informing of such action. In some cases if support is left unpaid there will be a order to report back to court where the noncustodial parent may be given the option to go pay amount due or ordered to jail. If the noncustodial parent does not show up for court the judge will issue a warrant. In most cases passports and driver’s license have even been revoked for not paying order child support. I have seen the judge go as far as suspending certain business

Child support is the amount of money that a court orders a parent to pay each month to help support the child’s living expenses. California Family Code §4057(a) states that the guideline amount of child support, as determined by the formula, is “presumed to be the correct amount of child support to be ordered”.

Here is a not-so-secret secret about father's right and child custody in California: fathers do have the equal rights without regard to if you were married to your child's mother. Many fathers just don;t know that they have parental rights, which they can establish and enforce through the courts. However, there tends to be a lot of misinformation floating around. Theis article will help you if you choose to take the correct legal actions.

For the most part, parents have the best interest of their children at heart. However, there are unfortunately many cases throughout the United States where parents are unable to, for one reason or another, take care of their children. Sometimes, this can be seen as a health issue of the parents. Sometimes, parents are unable to raise their children well due to physical, financial, and/or emotional issues. Other times, parents do not have the best interests of their children in mind and can be neglectful or abusive to them. In these circumstances, the state may become involved and step into

California Family Code also allows the mediator’s recommendation to the court regarding custody and/or visitation to be adopted by the court. (California