Call Today

(858) 935-6211

Contact Us

X

Call for Free Consultation

(858) 935-6211

Articles

Child Support (9)

Child Support

Child Support

A parent’s responsibility for their child does not end with the termination of a marriage. If one parent has been granted primary custody by a court, the other may be required to provide financial support for the child’s well-being. Child support payments may be used for:

  •   Basic needs (food, clothing)
  •   Medical needs
  •   Living expenses
  •   Education
  •   Childcare

What the payments will cover is determined by California law. How much those payments will be can be based upon:

  •  Parent’s income
  •  Amount of time each parent spends with the child
  •  Childcare expenses
  •  Mortgage payments
  •  Tax filing status

Proper legal guidance will serve as an invaluable asset for the parent needing representation in matters involving support. Each parent is responsible for providing the necessary information about their financial and living situations. Their attorneys can then negotiate certain aspects of the support contract. These negotiations differ based upon the precise details of the custody arrangement.

Helpful Links

The Relationship Between Child Visitation and Child Support

The Relationship Between Child Visitation and Child Support

When reaching a divorce settlement, many aspects of your divorce will influence one another. There is often a relationship between child support payments and child visitation, though this relationship can vary from state-to-state. Because the relationship between child visitation and child support is regulated statutorily, it is important for those seeking a divorce be aware of their own state’s regulations.

If you are concerned about child visitation or child support arrangements, contact the experienced San Diego divorce lawyers of Fischer & Van Thiel, LLP, by calling 858-935-6211. Our skilled and experienced attorneys can help you to better understand your legal rights in this situation.

California’s Establishment of Child Support Payments

While some states do not factor in a parent’s visitation schedule when calculating child support, California does. California considers what are called “timeshares” when calculating child support payments, which simply means that a non-custodial parent’s time spent with his or her child is factored into his or her payment for child support. California also considers the following when calculating child support payments:

  • Best interests of the child
  • Educational and physical needs of the child
  • Incomes of each parent
  • The number of children involved

As you prepare to go through this complicated legal process, it can be valuable to preliminarily understand that there is a formal, statutorily established relationship between child support payments and child visitation in California.

Contact Us

For legal counsel and representation in this matter, do not hesitate to contact the experienced San Diego child custody attorneys of Fischer & Van Thiel, LLP, at 858-935-6211.

Decreasing Child Support

Decreasing Child Support

After a divorce, one of the most important decisions couples make is determining child custody along with child support payments to pay for the child’s care. Many single parents need child support payments to stay financially stable, but there are times when the supporting parent’s lifestyle may change, and he or she can no longer continue paying the agreed upon payment amount. In these cases, he or she may need to petition to lower the amount he or she provides in child support payments.

If you or a loved one needs to learn more about child support payments and how you can decrease them, contact the San Diego child support lawyers of Fischer & Van Thiel, LLP, at 858-935-6211 and schedule a free consultation with one of our attorneys.

How to Decrease Child Support Payments

There are a few options for parents who cannot afford to pay child support. The state of California’s child support agency does not change child support orders automatically, but a parent can request for the state to lessen his or her payments based on a review of his or her present situation. Child support payments can be modified for any of the following reasons:

  • Decrease in parent’s earned wages
  • Change in child custody
  • Modification in time spent with each parent

Due to a number of reasons, you may need to decrease your child support payments in order to make ends meet, and in order to do so, you may need experienced legal assistance.

Contact Us

Contact the San Diego child support lawyers of Fischer & Van Thiel, LLP, at 858-935-6211 today and let us help you in your time of need.

Enforcement of Child Support

Enforcement of Child Support

Following a divorce, oftentimes the non-custodial parent (the parent who does not get full custody of the children) is required by law to pay child support to the custodial parent. Unfortunately, many non-custodial parents refuse to pay some or all of the ordered child support for a variety of reasons. Not only does this create hardships for the custodial parents, but more troubling, it works counter to the best interest of the child as determined by the court.

If your former spouse or non-custodial parent has failed to abide by the terms of a child support order, a skilled and experienced attorney can help you to enforce the agreement. Contact the San Diego child custody enforcement lawyers of Fischer & Van Thiel, LLP, at 858-935-6211 today to speak directly with a compassionate and dedicated legal advocate about your situation.

Consequences for Failure to Fully Pay Child Support

When a non-custodial parent refuses to fully pay child support, many serious complications can arise. If your ex-spouse has failed to pay child support, he or she may face consequences such as:

  • Wage garnishments
  • The seizure of possessions
  • Penalties associated with being held in contempt of court
  • Suspension of driver’s, occupational, and/or business licenses
  • Withholding of tax refunds

These penalties and the threat of their imposition can help to ensure and enforce payment from a non-custodial parent who fails to uphold his or her obligations.

Contact Us

If you are prepared to seek assistance in child support payment enforcement, contact the San Diego enforcement of child support attorneys of Fischer & Van Thiel, LLP, at 858-935-6211 for a free consultation regarding your case.

Child Support in Divorce

Child Support in Divorce

A divorce is a potentially long and difficult process. For those with children, one of the major points of conflict during the split includes whether child support payments are necessary or not. If it is determined that child support payments are necessary, a set amount will be decided. This amount is based on the fact that both courts and parents will want to ensure that a divorce does not take a tremendous financial toll on the children involved.

The San Diego child support lawyers at Fischer & Van Thiel, LLP, provide dedicated help for their clients. As experienced attorneys in child support cases, we can help you understand how a fair child support agreement may be reached. Contact us today at 858-935-6211 for answers to your child support questions.

Helping with Child Support

Even though a child support agreement has been reached, the amount of the payments may be subject to change in the future. The San Diego child support attorneys of Fischer & Van Thiel, LLP, can help you with the following issues that may arise after an initial child support agreement is reached:

  • Modifications to Support Agreements
  • Enforcing Support Agreements

Determining child support amounts can be difficult and, unfortunately, can be an ongoing process. It is important that you build a personal relationship with your divorce attorney in order to deal with any continuous issues that may arise involving child support payments.

Contact Us

Our San Diego child support lawyers can provide you with the dedicated support you need in order to secure a fair child support agreement. Contact Fischer & Van Thiel, LLP, at 858-935-6211 to discuss the laws surrounding child support agreements.

Child Support Agreements Modifications

Child Support Agreements Modifications

After a child support case has come to a settlement it is still possible to adjust the settlement over time. Many people experience tremendous changes in their lives that require a change in child custody.

The San Diego divorce attorneys of Fischer & Van Thiel, LLP understand that your life is constantly changing. Contact us today at 858-935-6211 if you are interested in making modifications to your child support agreement.

Applying for Child Support Modifications

There are many different reasons to ask for changes in child support agreements. These may include:

  • Change in income
  • Child’s health
  • Mental health of a parent
  • Physical health of a parent
  • Failure to comply with agreement
  • Child abuse

In the event that one of these circumstances occurs, it is reasonable for you to ask for changes. Coming to an agreement on child support after divorce can be a difficult and long process. Making changes to this agreement can be equally trying. Hiring a child custody lawyer is a first step that can lead to positive changes in the future.

At Fischer & Van Thiel, LLP, we know that you have only the best intentions for your child at heart and we know that in your choice to make modifications, something is not working in your current agreement.

Contact Us

Child custody cases can be drawn out and frustrating. For help in your case and to ease some of your frustration and confusion, contact the San Diego divorce attorneys of Fischer & Van Thiel, LLP at 858-935-6211.

Child Support During Bankruptcy

Child Support During Bankruptcy

Your spouse is behind on his child support – support which you and your children depend on. He then decides to file for bankruptcy. Will you ever receive your owed payments?

If a parent responsible for child support files for bankruptcy, he is still obligated to fulfill his court mandated orders. The relief of bankruptcy does not apply to child support. Under Chapter 7, Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) considers domestic support obligation as a top priority. The liquidated estate is used to pay child support before other expenses.

Under Chapter 13, the child support will be paid according to the repayment plan approved by the court. To have the Chapter 13 confirmed, the payments must be confirmed. In addition, to obtain a discharge in a Chapter 13, all post-petition child payments will have to be met.

If anything, bankruptcy will help the spouse be able to pay the child support in a more timely manner, as his other debts will be reduced or eliminated. In both Chapter 7 and Chapter 13, trustees are required to disclose information to a domestic support creditor such as the address of residence of the debtor at the time of discharge. The situation is complicated, and it is advisable that an attorney assist you in navigating the legal system to obtain payment.

The San Diego child support lawyers at the law firm of Fischer & Van Thiel, LLP are experienced in obtaining child support payments. You deserve to be able to provide the best for your child. If you are lacking child support payments, call 858-935-6211 today to talk to a San Diego divorce lawyer who can evaluate your case.

The Increase In Child Support Adjustment

The Increase in Child Support Adjustment

As the economy continues to show little sign of quick readjustment, many hard-working Americans across the country are losing their jobs and finding once-certain income dry up. This is especially worrisome for the millions of individuals across the country who pay child support payments, and are worried about their ability to continue providing for their children.

If you’re worried about being able to make your monthly support payments, contact the San Diego divorce lawyers of Fischer & Van Thiel, LLP, by calling 858-935-6211 today

Economic Woes and Child Support

While the whole country is suffering from the sluggish economy, men are actually facing a bleaker economic outlook than are women. The unemployment rate for men is at 9.8%, while women have a 7.5% unemployment rate. Additionally, the new jobs being created are in fields which have traditionally favored women. According to the New York Times, it would not be surprising for women to surpass men in the work force within the next few years. As more and more men are losing their jobs and finding new ones hard to come by, child and alimony support payments are becoming harder to make.

According to a survey conducted by the American Academy of Matrimonial Lawyers, 39% of their members across the US are reporting an increase in the number of people requesting modifications to their child support agreements. Additionally, the same survey found that 42% of the members polled said there was an increase in alimony agreements being restructured.

Contact Us

When you’re having a hard time making ends meet, it can seem impossible to make your child support payments. If you’re interested in changing the structure of your child support agreement, contact the San Diego divorce lawyers of Fischer & Van Thiel, LLP, by calling 858-935-6211.

Calculating Child Support

Calculating Child Support

One of the most difficult aspects of a divorce is making sure your children are adequately cared for despite the turmoil they’ve undergone. Child support is the financial obligation you as a parent may be required to pay in order to ensure the safe and responsible upbringing your children deserve. You may be curious about the different factors the court takes into consideration when determining how to award child support.

The State of California has very specific guidelines its courts use when determining the amount of child support to award. The following are different factors that play a part in calculating this amount:

  • The gross incomes of both parents. The courts need to know how much each parent makes in order to determine how much each parent should be financially obligated to support the child.
  • The amount of time the child will spend with each parent. The parent with less time with the children may be expected to pay more in child support.
  • Any tax deductions each parent can claim.
  • Payroll deductions that each parent is required to make, such as health care or labor union dues.
  • The respective amounts each parent pays in child care costs.

The courts will then apply a series of formulas to this raw data to determine which parent will be obligated to pay child support, and how much money that parent will be expected to pay. These guidelines are used to ensure that child support is both provided when necessary and uniformly levied throughout the state.

Contact Us

If you are going through a divorce and have questions about child support, contact the San Diego divorce attorneys of Fischer & Van Thiel, LLP, by calling 858-935-6211.

FAQs by Category:

Articles by Category:

Blogs by Category:

  • Testimonials

    • photo

      I was very happy with Mr. Fischer and his team! They helped me in a time of crisis and made sure the outcome was in my favor. Thank you s ...More

      Thomas Zachary
    • photo

      Thank you Mr. Fischer!!! I would and have recommended this Michael Fischer to friends. I had a very difficult divorce/child custody. He a ...More

      Elizabeth Mila
    • photo

      I was dealt with a man for over 2 years who was only concerned with breaking me and reducinghis support payments fo rhis children, Mr. Fi ...More

      David Sebastian
    • photo

      My wife and I started our divorce over two years ago, and I was at a stand still with my wife and my attorney at the time had no plan. I ...More

      Gabriel Dylan
    • photo

      I wanted to take a moment and thank Mike Fischer my divorce attorney for all that he did for me. He made a very difficult time much easie ...More

      Kaylee Victoria
    • photo

      Going through my custody battle was very emotionally trying. I was lucky to have choosen Fischer & Van Thiel to help me protect the m ...More

      Mithila Parker