Child Support Attorneys of San Marcos

Child Support Attorneys with Expertise & Experience

Court-ordered child support is one of the more commonly disputed aspects of divorce settlements. Not only can it be difficult for parents to initially agree to a child support plan, but it can also be troublesome to later modify these agreements due to changes in the financial stability of either parent.

Additionally, another frequent issue regarding child support is the failure of the paying parent to make child support payments on time, which can be financially devastating for the custodial parent and the child.

In situations such as these, it is often the best course of action to seek out skilled legal representation in order to ensure that the proper steps are taken to protect you and your family.

Whether you need help with modifying or enforcing an agreement, we are prepared to provide comprehensive and aggressive legal support for you, making sure your interests and rights are protected as best as possible.

At Fischer & Van Thiel, LLP, protecting the rights and interests of families is our primary goal.

We are committed to providing effective representation for each client, working directly with every individual to develop a legal strategy uniquely adapted to his or her situation.

For a consultation to discuss the details of your case, contact us today at (760) 757-6854.

Local San Marcos Child Support Attorneys

When a couple with children goes through a divorce, making provisions for the future care of their children is likely one of the most important decisions that will be made.

In many situations, this means considering child support as a way of ensuring that the couple’s children will receive the full amount of financial support they need and making sure that both parents are helping to support the child financially.

Getting the child support you feel you need to support your children or fighting against a spouse who is trying to take advantage of you by asking for an unfair amount of support can be frustrating and difficult.

But, with the support of a San Marcos child support lawyer from Fischer & Van Thiel, LLP, it doesn’t have to be. Call us at (760) 757-6854 to find out how we can simplify this process, help you understand your options, and help you pursue the agreement you believe is best.

Legal Struggles With Child Support Payments

Even after an amount is set for child support, problems can still continue. Unfortunately, some custodial parents face a long legal struggle just to receive the payments to which they are entitled.

Additionally, changes such as a move or loss of a job can affect a parent’s ability to make the payments he or she owes. Occasionally parents will even go so far as to commit fraud, either to downplay the amount of money they owe or exaggerate the amount they deserve.

At the offices of child support attorneys Fischer & Van Thiel, we are prepared to help you with many aspects of paying or receiving child support, including:

• Calculating Child Support
• Adjusting Child Support if circumstances change
• Pursuing unpaid Child Support

In order to have your child support payments officially adjusted by a judge, you will have to prove that your financial circumstances have changed such that you are no longer able to afford the payments or that your child’s custodial parent’s financial situation has changed such that he or she can afford to contribute more.

You will need to show documentation to prove at least one of the following:

• The custodial parent’s household income has increased
• You have lost your job, have become disabled, have new medical bills, etc., and are unable to continue the current level of support
• Your child’s circumstances have changed and, as a result, he or she requires less money to live a comfortable life

The above list is only indicative of the kinds of things that may warrant a reduction in support payments, and we would encourage you to consult with a knowledgeable San Diego child support decrease attorney regarding your specific case.

Child Support Enforcement Lawyers

Even when a parent has been awarded child support payments, sometimes the other parent refuses to pay them in full or even at all. Although the payments are court-ordered and therefore legally-binding, these orders can be difficult to enforce. When parents refuse to make their child support payments, the custodial parent is forced to make tough sacrifices and a child may not be able to receive the medical care or educational opportunities he or she needs.

If your former spouse is delinquent in payment of court-ordered child support, the San Diego child support enforcement attorneys at Fischer & Van Thiel, LLP, may be able to help. Contact our offices today at (760) 757-6854 to discuss your situation with a qualified lawyer.

Missed Child Support Payments

A child support agreement is a court-mandated judgment. Therefore, if a parent does not receive the child support payments owed, he or she may take legal action to ensure the agreement is enforced, including:

• Wage garnishments and assignments
• Writ of execution to seize the other parent’s property
• Contempt of court decrees

Child support agreements often include stipulations other than just a lump sum of money each month.

The non-custodial parent may also be required to maintain health and life insurance policies for the child, and pay portions of medical bills and educational, daycare, and travel costs.

If the other parent of your child is missing child support payments or not paying the correct court-ordered amount, you may be able to take legal action to get the money you are owed for the care of your child.

Non-Custodial Parent Child Support Cases

California law strictly regulates the determination of child support.

The basic idea behind the formula used is simple: the costs of caring for a child are divided between both parents according to their incomes.

The non-custodial parent is then generally expected to pay his or her share to the custodial parent.

In practice, however, this simple formula often becomes very complex as more and more details about the parents’ finances are factored in.

Maintaining a financially viable relationship between a non-custodial parent and custodial parent is a challenging undertaking, and legal action is sometimes necessary to make sure that child support agreements are balanced and executed faithfully.

Our attorneys have experience assisting the client in the following areas, among others:

• Modifications to support agreements
• Enforcing support agreements

The court will always seek to act in the best interests of the child, but the needs and financial situation of the parents will also be considered in any decision. Support agreements are inflexible documents but fortunately can be modified to more accurately reflect the family’s needs.

How We Can Help You and Your Children

Nothing is more important to you as a parent than your child’s well-being, and our attorneys understand that. As such, when you are in need of obtaining a child support agreement that ensures your child is receiving the care they need and your interests are protected, we are ready to help.

By gathering all pertinent information and demonstrating to the court the necessity for a modification or a court order enforcing compliance with an existing child support agreement, our attorneys will work diligently to help you maintain the level of child support your family needs.

There are many reasons that you may need to seek an increase in the amount of child support you’re your son or daughter receives. Some of these reasons include:

• The noncustodial parent’s income has increased significantly, allowing him or her to pay more in order to ensure that your children are provided for according to financial means
• Your financial situation has changed due to a lost job, a disabling condition, high medical bills, etc.
• Your child’s circumstances have changed such that he/she needs greater support (this could include a wide variety of changes, but especially changes that increase the child’s financial needs, such as being diagnosed with a medical condition, etc.)

These are only intended to provide representative examples of instances in which seeking increased child support payments may be appropriate.

We would encourage you to consult with a knowledgeable San Diego child support increase attorney regarding the nature of your own case.

Child Support Agreement Modification Lawyer

Creating a child support agreement can be one of the most contentious issues in your divorce settlement. The court will take into account a wide range of factors when determining how much one spouse should pay to the other for the health, education, and well-being of their children.

However, sometimes situations for either spouse change drastically, and the other spouse may request a change to the original child support agreement.

In order to ensure that the custodial parent has the financial resources necessary to provide for a child’s needs, the noncustodial parent may be ordered to pay child support, either as part of the terms or divorce agreement or an independent decision by a judge

If you believe that an increase in child support payments is necessary due to changes of circumstance, it is highly advisable to consult with a skilled and experienced attorney. It is possible to seek adjustments to a support agreement, but this must be handled through the proper legal channels.

If you or someone you know needs assistance modifying a child support agreement, the San Diego child support modification attorneys at Fischer & Van Thiel, LLP, may be able to help. To speak with a lawyer, contact our offices at (760) 757-6854.

Modifying Child Support Agreement Considerations

Child support agreements may be modified in response to a change in circumstances such as a change in income, living situation, or the educational and medical needs of your child. Our San Diego child support modification attorneys can help you with a variety of child support modification issues related to:

• Increasing Child Support
• Decreasing Child Support

If either you or your former spouse has experienced a significant life change, a court may approve your request for a change to your child support agreements. It is important to follow the procedure and to ensure that all changes are legally approved. Informal agreements between former spouses to change child support payments are not legally-binding and may result in prosecution at a later date.

Child support is often a very important and somewhat contentious aspect of divorce or separation. This is especially the case when:

• One party feels that he or she is being asked to pay too much
• One party feels or that the other party is misrepresenting his or her circumstances.
• One party feels that the other will abuse the funds

After a support order has been issued, there may be instances when it is appropriate or necessary to seek alternations which will better reflect the actual financial circumstances of both parents. If you believe that you should have to pay less child support than you are paying now, you should contact a lawyer today.

How We Can Help

The Escondido child support lawyers of Fischer & Van Thiel, LLP, commit ourselves daily to the needs of each of our clients, particularly when it comes to getting you a fair child support agreement. We can help you deal with issues regarding:

• Modifications to Support Agreements
• Enforcing Support Agreements

Whether you need help with modifying or enforcing an agreement, we are prepared to provide comprehensive and aggressive legal support for you, making sure your interests and rights are protected as best as possible.

At Fischer & Van Thiel, LLP, protecting the rights and interests of families is our primary goal. We are committed to providing effective representation for each client, working directly with every individual to develop a legal strategy uniquely adapted to his or her situation. For a consultation to discuss the details of you case, contact us today at (760) 757-6854.

Contact Us

Ensuring that your children are receiving the care they need almost always hinges on the financial support you can provide.

Thus, obtaining the child support agreement that you believe is best for your family and children is essential.

Call us at (760) 757-6854 to schedule a complimentary case evaluation with our team.

Family Law Legal Cases We Routinely Handle Involving:

Divorce Law: Including Annulments, Contested, and Uncontested Divorces
Military Divorce Attorney: Experienced with uniques situations of Military Relationships
Mediation: Mediation encourages divorcing spouses to cooperate and avoid trial costs
Child Custody: Including Visitation, Negotiations, Modifications & Enforcement Actions
Child Support: Including Monitary Negotiations, Modifications & Enforcement Actions
Legal Guardianship: Application Preparation, Fitness Assessment, Legal Representation
Adoption: Including Step-Parent, Agency, Private, and International Adoptions
Prenuptial Agreement: We can help you draft and enforce favorable agreements
Paternity: Actions for those seeking custody rights and support payments
Legal Separation Agreement: Traditional and Same-Sex Marriages
Spousal Support (Alimony): Agreements for Spousal Support or Maintenance
Domestic Violence: Including representation for Abuse and those Accused of Abuse
Civil Harassment: We can help you seek a Civil Restraining & Enforcement Orders
Juvenile Court: Including guardianship, juvenile delinquency, and dependency matters
Marital Property Division: Representation as you divide property during divorce
Estate Planning: Including wills and probate