Fresno Child Support Attorney

Protecting Your Rights & Financial Interests

Child support is an essential part of the divorce process, as it ensures that the custodial parent has the financial resources necessary to provide for the child. However, it is not uncommon for child support orders to be unfair or unreasonable. Whether you are the parent who is required to pay child support or the parent who is receiving child support, it is important to have an experienced attorney on your side who can protect your rights and financial interests.

For the strong legal representation you need, turn to The Law Office of Martin H. Gamulin. Contact us online or call (559) 934-5405 to schedule a consultation with our child support lawyer in Fresno.

How Is Child Support Calculated in California?

In California, child support is determined based on a complex formula that takes into account various factors, including:

• The number of children
• The income of both parents
• The amount of time that each parent spends with the children
• The amount of child support that each parent pays for other children
• Whether either parent has any tax deductions
• Whether either parent has any mandatory retirement contributions
• Whether either parent has any “hardship deductions”

In some cases, the court may deviate from the state’s child support guidelines. For example, if one parent is voluntarily unemployed or underemployed, the court may “impute” income to that parent, which means that the court will calculate child support based on the parent’s earning capacity rather than their actual income. In other cases, the court may deviate from the guidelines if the guideline amount is unjust or inappropriate. For example, if the guideline amount would exceed the children’s needs, the court may reduce the amount of child support.

How Long Does Child Support Last in California?

In California, parents have a legal obligation to financially support their children until the children reach the age of 18 or graduate from high school, whichever occurs later. However, if a child is 18 years old and has not yet graduated from high school, child support will continue until the child turns 19 or graduates from high school, whichever occurs first. In some cases, the court may order the parents to continue supporting the child after he or she reaches the age of 18. For example, if a child is physically or mentally disabled and financially dependent on his or her parents, the court may order the parents to continue supporting the child indefinitely.

What Is Considered Income for Child Support?

When calculating child support, the court will consider all of the parent’s income, including:

• Salaried wages
• Overtime
• Commissions
• Self-employment income
• Wages from a second job
• Unemployment benefits
• Disability benefits
• Workers’ compensation benefits
• Interest
• Dividends
• Rental income
• Trust income
• Retirement benefits
• Social Security benefits
• Spousal support
• Lottery winnings
• Prizes and awards

However, the court will not consider public assistance benefits, such as Temporary Assistance for Needy Families (TANF) benefits, Supplemental Security Income (SSI) benefits, and food stamps.

What Happens If You Don't Pay Child Support in California?

Child support is a legal obligation, and parents who fail to pay child support can face various legal consequences, including:

• Wage garnishment
• Withholding of unemployment benefits
• Interception of federal and state tax refunds
• Interception of lottery winnings
• Liens on real property
• Liens on personal property
• Contempt of court
• Driver’s license suspension
• Passport denial
• Reporting to the credit bureaus

In extreme cases, parents who fail to pay child support can be charged with a misdemeanor or a felony. If you are having trouble making your child support payments, you should contact an experienced attorney as soon as possible to discuss your situation.

How Can a Fresno Child Support Lawyer Help?

Whether you are the parent who is required to pay child support or the parent who is receiving child support, it is important to have an experienced lawyer on your side who can protect your rights and financial interests. At The Law Office of Martin H. Gamulin, we have a comprehensive understanding of California child support laws. We can help you understand your rights and obligations. If the child support order is unfair or unreasonable, we can help you fight to have the order modified. We can also help you enforce child support orders.

Do You Need a Lawyer for Child Support Modification?

Child support orders can be modified if there has been a significant change in circumstances. For example, if the parent who is required to pay child support has lost his or her job, the court may reduce the amount of child support. If the parent who is receiving child support has experienced a significant increase in income, the court may increase the amount of child support. If the parent who is receiving child support has experienced a significant decrease in income, the court may reduce the amount of child support. If the child’s financial needs have changed, the court may modify the amount of child support. If the parent who is required to pay child support has had another child, the court may reduce the amount of child support. If the parent who is required to pay child support has been diagnosed with a serious illness or has suffered a serious injury, the court may reduce the amount of child support.

If you believe that the child support order is unfair or unreasonable, you should contact an experienced attorney as soon as possible to discuss your situation. At The Law Office of Martin H. Gamulin, we have a comprehensive understanding of California child support laws. We can review your situation and help you determine if you have grounds to have the child support order modified. If you have grounds, we can help you take the necessary legal steps to modify the order.

Do You Need a Lawyer to Enforce Child Support Orders?

Child support orders are legally binding, and parents who fail to comply with these orders can face various legal consequences. If the parent who is required to pay child support is not making the required payments, the parent who is receiving child support can take legal action to enforce the order. At The Law Office of Martin H. Gamulin, we have a comprehensive understanding of California child support laws. We can help you enforce child support orders. We can also help you take legal action to collect past-due child support.

Experienced Legal Advocacy in Fresno, California

At The Law Office of Martin H. Gamulin, we are dedicated to providing our clients with the strong legal representation they deserve. We are available to answer your questions and address your concerns. Our child support lawyer in Fresno will fight to protect your rights and financial interests.

Contact us online or call (559) 934-5405 to schedule a consultation with our child support attorney in Fresno.