Category Archives: Child Support

Do I Want My Baby's Father to Establish Paternity in CA?
California Divorce, Child Custody, Child Support, Marriage

Do I Want My Baby’s Father to Establish Paternity in CA?

When a child is born outside of marriage in California, the question of paternity can come into play with custody and support issues. Establishing paternity is critical for various reasons, and knowing whether you want the father of your baby to take this step is essential for your family’s future.

CA Certified Family Law Specialist Judy L. Burger explores the implications, benefits, and steps involved in establishing paternity, helping you make a well-informed decision.

What Is Paternity?

Paternity refers to the legal identification of a child’s father. In California, Family Code §§ 7611 stipulates that when a child is born to parents who are not married, the father does not automatically have legal rights or responsibilities concerning the child. Establishing paternity gives the father legal acknowledgment, which has implications for custody, visitation, child support, and inheritance.

Reasons to Establish Paternity

Establishing paternity can be beneficial for several reasons:

  • Legal Rights and Responsibilities: When paternity is established, the father gains legal rights, including the right to seek custody or visitation. Additionally, he becomes responsible for child support, ensuring that he contributes to the child’s upbringing financially.
  • Emotional and Social Benefits: Knowing who the father is can have emotional benefits for the child. It can foster a greater sense of identity and belonging, helping to establish a relationship between the child and their father.
  • Health Benefits: Establishing paternity may provide vital medical and family history, which can aid in future healthcare decisions for the child.
  • Financial Support: Establishing paternity solidifies the child’s right to financial support from both parents, which can be crucial for the child’s development and education.
  • Inheritance Rights: Establishing paternity ensures that a child has the right to inherit from their father, which can have significant legal and financial implications in the long run.

When You Might Hesitate

On the other hand, there may be reasons to hesitate before deciding whether to have the father establish paternity:

  • Relationship Dynamics: If you are unsure about the father’s intentions or if there are unresolved conflicts between you and him, establishing paternity may complicate your relationship further. In some cases, a lack of commitment or past abuse can raise concerns about making the relationship more complex legally.
  • Concerns Over Child Support: If you feel that the father may not provide adequate financial support or may potentially cause conflicts regarding payments, you may have reservations about taking this step.
  • Past Behavior: If the father has a history of instability or unsuitability that raises concerns regarding his ability to parent effectively, you might question whether it is in your child’s best interest to establish paternity.

Steps to Establish Paternity in California

If you decide to move forward with establishing paternity, here are the steps involved:

  1. Acknowledgment of Paternity (AOP): If both parents agree, they can fill out the Acknowledgment of Paternity form, which both parents must sign. This can usually be done in the hospital at the time of the child’s birth or later.
  2. Court Order: If the parents do not agree, one parent (usually the mother) can file a petition with the family court, which will require DNA testing to establish paternity.
  3. DNA Testing: If there is uncertainty, a court-ordered DNA test can confirm paternity. DNA testing is highly accurate, and results generally effectively determine biological relationships.
  4. Finalizing Paternity: Once paternity is established, either through a mutual signing of the AOP or a court order, the father’s name is added to the birth certificate. This finalizes the father’s legal association with the child.

Establishing paternity can also influence custody and visitation arrangements. Once he is recognized as the legal father, he can seek custody and visitation rights through the family court system. Establishing paternity does not guarantee shared custody, but it is a necessary first step if he wishes to be involved in his child’s life legally.

Considerations Before Making a Decision

Before deciding whether to have the father establish paternity, consider the following:

  • Communication: Open lines of communication with the father can help clarify intentions and expectations regarding parenting. Discuss your feelings and any concerns you may have.
  • Legal Consultation: Consult with a Certified Family Law Specialist like Judy Burger. She can help you understand your rights, obligations, and how establishing paternity can impact your unique situation.
  • Child’s Best Interests: Your decision should ultimately center around what is best for your child. Consider the long-term implications for their well-being, support, and relationship with both parents.

Get Answers to Paternity Questions in CA

Deciding whether to have your baby’s father establish paternity in California is a significant choice that can shape your child’s future. Weigh the benefits against any potential drawbacks, consider the dynamic between you and the father, and think about what aligns best with your child’s needs.

Seeking legal guidance can also empower you with the knowledge to make the best decision for yourself and your child. Contact The Law Offices of Judy L. Burger to schedule a free consultation.

 

Explaining the K-Factor CA Child Support Calculations Under SB 343
California Divorce, Child Support, Mediation

Explaining the K-Factor CA Child Support Calculations Under SB 343

California’s child support system is designed to ensure that children receive adequate financial support from both parents following a separation or divorce. In recent years, legislation has evolved to improve these calculations and ensure fairness in support payments.

One of the most notable changes is the implementation of the K-Factor under Senate Bill 343 (SB 343). California Family Law Specialist Judy L. Burger delves into the K-Factor, how it influences child support calculations, and why it’s crucial for parents navigating this challenging aspect of family law.

What is the K-Factor?

The K-Factor is a specific provision within California’s child support guidelines that emerged as part of broader reforms aimed at leveling the playing field for parents who share custody of their children. SB 343 was introduced to provide clearer parameters for calculating child support, particularly concerning shared custody arrangements. The K-Factor calculation reflects the division of parenting time between both parents to ensure that support obligations are more accurately aligned with each parent’s financial responsibilities.

Under the K-Factor system, child support calculations take into account the actual time each parent spends with the child. This means that if a parent has significant parenting time and shares responsibilities, the child support amount will differ compared to a traditional custody arrangement where one parent has primary custody. The legislation recognizes that a child’s needs do not merely hinge on financial contributions; they also depend on the active involvement of both parents in their upbringing.

How Does the K-Factor Work?

The K-Factor operates by adjusting the standard child support calculation to reflect the difference in physical custody time. California uses specific software employing a guideline formula to calculate child support payments. The K-Factor allows the software to modify the support amount based on the percentage of time each parent spends with the child, leading to a more accurate reflection of the costs incurred by each parent.

Factors Influencing the K-Factor Calculation:

  1. Parenting Time: The more time a parent spends with the child, the lower the child support obligation may be. The K-Factor calculation recognizes that a parent who has the child for a larger portion of the week will incur additional expenses, such as food, clothing, and activities.
  2. Income of Each Parent: The K-Factor also considers the income levels of both parents, as the duty to support a child is generally proportional to their income.
  3. Additional Expenses: The calculations factor in the child’s specific needs, including healthcare, education, and childcare costs. If one parent incurs significant costs in these areas, it can influence the K-Factor adjustments.

The Calculation Process

To calculate child support under the K-Factor, parents or their attorneys typically follow this general process:

  1. Input Parental Income: The software inputs each parent’s gross monthly income, including wages, bonuses, rental income, and any other sources of revenue.
  2. Determine Custody Arrangement: The percentage of time each parent has custody of the child is entered, reflecting the shared parenting agreement.
  3. Adjust for Other Expenses: Additional expenses related to the child’s care, such as health insurance premiums or childcare costs, are accounted for.
  4. Run the Calculation: The software will generate a support obligation based on the data provided, applying the K-Factor adjustments as necessary.
  5. Review and Negotiate: The parties can review the output, and if there are disagreements or further considerations, negotiations can occur to arrive at an agreeable support amount.

Why is the K-Factor Important?

The K-Factor is essential for several reasons:

  • Fairness and Equity: It allows for a fairer assessment of child support obligations and facilitates a more equitable distribution of financial responsibilities between parents.
  • Encouragement of Shared Parenting: By recognizing shared parenting time in financial calculations, the K-Factor can encourage parents to engage actively in their child’s life, promoting stronger familial bonds.
  • Reduction of Conflict: Clearer calculations reduce confusion and potential disputes regarding child support, helping parents avoid protracted legal battles.
  • Meeting Children’s Needs: By ensuring that both parents contribute fairly to the costs of raising a child, the K-Factor supports the overall well-being of children post-separation.

Ensure Compliance and Equity with CA Child Support Assistance

Navigating child support calculations can be complex, particularly with the introduction of new legal frameworks like the K-Factor under SB 343. Understanding this provision empowers parents to negotiate support arrangements that better reflect their reality. Experienced California family Law Attorney Judy Burger understands these nuances and can effectively navigate the child support system in California. Contact the Law Offices of Judy L. Burger nearest you for help negotiating or changing child support arrangements.

 

What Should Be Covered In a CA Child Support Agreement?
California Divorce, Child Custody, Child Support, Marriage

What Should Be Covered In a CA Child Support Agreement?

Divorce often brings about numerous changes and challenges, especially when children are involved. One of the most critical aspects of post-divorce arrangements is child support, which is designed to ensure that children continue to receive financial support from both parents. CA Certified Family Law Specialist Judy L. Burger discusses what should be covered in a child support agreement.

What Is Child Support?

In California, child support is a financial obligation that one parent pays to the other for the care and upbringing of their children. This support is intended to cover essential living costs, including housing, food, clothing, education, and medical expenses. The overarching goal is to ensure that children’s needs are met, regardless of their parents’ relationship status.

Key Components of a Child Support Agreement

When creating a child support agreement, several critical aspects should be considered and clearly outlined to prevent conflicts and ensure that all needs are met.

1. Base Support Amount

The agreement should specify the base support amount that is to be paid regularly. California changed the formula for calculating child support. Beginning September 1, 2024, and continuing into 2025 and beyond, parents creating a child support agreement will use a new formula, called the “K factor.” It adjusts the percentage of net income for lower-income parents and recalibrates contributions for higher-income earners. The new formula will increase child support at most income levels and create a fairer system that more accurately addresses each parent’s financial situation. 

It’s crucial that both parents understand how this amount was determined and agree on its payment frequency, whether monthly, bi-weekly, or according to another schedule.

CA Certified Family Law Specialist Judy L. Burger can explain these changes and how they could affect you.

2. Healthcare Expenses

Healthcare costs, including insurance premiums, co-pays, and any uncovered medical expenses, should be addressed in the agreement. Parents need to determine who will be responsible for providing health insurance for the children and how ongoing medical expenses will be shared. Having a clear healthcare provision ensures that children receive necessary medical care without financial disputes.

3. Childcare Expenses

If both parents are working or attending school, childcare expenses may also need to be included in the child support agreement. This should cover costs for daycare, after-school programs, or babysitting services. Clear specifications on how these costs will be divided can help prevent misunderstandings later on.

4. Educational Expenses

Expenses related to education should also be considered, particularly if children are enrolled in private schools or require special education services. The agreement should detail how tuition and related fees will be paid and how costs for college may be handled, including contributions each parent might make toward higher education.

5. Extracurricular Activities

Costs associated with extracurricular activities such as sports, music lessons, clubs, and other enrichment programs should be included as well. Parents should discuss and agree on how these expenses will be covered and the process for deciding on their children’s involvement in such activities.

6. Support Modifications

Life circumstances can change, and it may become necessary to modify the child support agreement over time. The agreement should include a clause outlining how modifications can be made, referencing situations like significant income changes, changes in the children’s needs, or changes in custody arrangements.

7. Enforcement and Penalties

It’s vital to include information on how the agreement will be enforced and the penalties for non-payment. California courts take child support obligations seriously, and understanding the legal implications of failing to comply with the agreement can help motivate both parents to adhere to the terms.

8. Other Key Factors

Some other notable factors to be spelled out in the agreement include:

  • Amount of each payment
  • Frequency and timing of payments (weekly on Mondays, the 1st of each month, etc.)
  • Method of payment (Check, bank transfer, etc.)
  • Monetary responsibilities by category (school fees, medical expenses, etc.)
  • How to determine whether a cost is reasonable
  • Which parent will claim the child as a dependent
  • When the child support obligation will end

Get Help Creating CA Child Support Agreements

Creating a comprehensive child support agreement is crucial for ensuring that the needs of children are prioritized following a divorce. By clearly outlining responsibilities and expectations related to financial support, both parents can contribute to a stable and nurturing environment for their children.

If you are in the process of drafting or negotiating a child support agreement in California, schedule a consultation with CA Certified Family Law Specialist Judy L. Burger. She is an experienced family law attorney who can provide personalized legal advice and assistance to help you navigate the complexities of child support and ensure that your agreement reflects the best interests of your children while protecting your rights as a parent.

 

Preparing for Periodic Child Support Order Reviews Under SB 343
Child Support

Preparing for Periodic Child Support Order Reviews Under SB 343

California’s new child support law, Senate Bill 343, aims to make the child support system more equitable and personalized. The new law will take effect on January 1, 2026, and one change families should prepare for is the Child Support Order review. CA Certified Family Law Specialist Judy L. Burger shares more about preparing for this new requirement.

Periodic Reviews Of Child Support Orders

Senate Bill SB 343 establishes a requirement for periodic reviews of child support orders to adjust these obligations under evolving circumstances. These reviews will consider changes in the parents’ income, employment status, and the child’s needs over time.

  1. Has your income recently increased or decreased? Why? (Retirement, layoffs, termination, job change, etc.)
  2. Has your employment status changed? How? Why? (Termination, self-employed, layoffs, retirement, changed jobs, etc.)
  3. Have the child’s needs changed? How? (Aging, health concerns, driving, school/college, working, etc.)

The new guidelines seek to maintain fairness in child support arrangements by implementing regular assessments. This ensures that the obligations reflect the current situations of both parents and the child. This provision allows for modifications to child support orders as necessary, promoting ongoing equity in child support agreements.

Here’s a more detailed explanation of how SB 343 impacts child support order reviews:

  • Mandatory Follow-up (FC 17430(e)): Local Child Support Agencies (LCSAs) are required to review cases within one year of judgment and annually thereafter, until a modified order is entered. 
  • Focus on Income and Earning Capacity: The primary purpose of these reviews is to determine if there is sufficient additional evidence to establish an order based on the defendant’s actual income, or to establish a different earning capacity order. 
  • Mandate for LCSAs: LCSAs must file a motion to modify the support order prospectively within 60 days if a review finds sufficient additional evidence to do so. 

Senate Bill 343 introduces the possibility of deviating from standard child support guidelines when payments may place an undue burden on low-income parents. This provision recognizes that a uniform approach to child support may not be suitable for every case, allowing for greater flexibility in establishing obligations based on individual circumstances. Family law attorney Judy Burger can provide guidance to help you understand how these provisions might pertain to your specific situation.

What If the Review Raises or Lowers My Child Support Obligations?

The review will examine the most current information detailing your income and expenses, and the child’s needs. This includes:

  • Your income documents
  • Your expense documents
  • Any child care expenses
  • Medical insurance
  • Your disability status
  • Jail or prison status
  • Unemployment benefits
  • Retirement income
  • Your current custody and visitation arrangements

After reviewing the information you and the other parent provide, your local agency will determine whether a modification is needed and, if so, decide on a new amount of support. As a general rule, a modification may be granted if the support order would change by 20% or $50, whichever is less.

If you disagree with the proposed changes for an increase or decrease, you are entitled to a hearing before a family court to hear your case and determine a more balanced outcome. Family law attorney Judy Burger can help you prepare and argue your case.

Ensure Compliance with New CA Child Support Laws

Family Law Attorney Judy L. Burger specializes in guiding clients through child support matters, providing expert counsel to protect your rights and prioritize your child’s best interests. As a California Certified Family Law Specialist, Judy Burger is equipped to help you navigate any changes or challenges you may face in family law issues.

If you need help addressing your family’s needs, we encourage you to contact one of our offices to schedule a consultation. You can contact us at 415-293-8314 and request an appointment at the location nearest you, which includes Gold River, San Francisco, San Jose, Beverly Hills, San Diego, Oxnard, San Rafael, or Santa Barbara, CA.

When Can You Terminate Child Support in CA?
Child Support

When Can You Terminate Child Support in CA?

Child support is critical to ensuring that children receive the financial support they need from both parents after a separation or divorce. In California, the court often establishes child support obligations, but circumstances can change, leading to questions about when it is possible to terminate these payments. California Certified Family Law Specialist Judy L. Burger provides insights into the circumstances under which child support can be terminated.

What Are My Child Support Obligations in California?

Child support obligations in California are determined based on both parents’ incomes, the amount of time each parent spends with the child, and various other factors considered by the court. Child support is considered a legal obligation, and parents are required to provide financial support for their children until they reach adulthood or achieve certain milestones.

Conditions for Terminating Child Support

There are several situations where a parent may seek to terminate child support payments. Here are the most common scenarios:

  1. The Child Turns 18 and is no longer a full-time high school student or turns 19: The child support obligation automatically ends when the child reaches 18 and is no longer a full-time high school student or when the child turns 19. Child support then terminates by California law. Parents should notify the child support agency when this milestone is reached to formally terminate payments.
  2. Emancipation of the Child: If a child becomes emancipated—meaning they legally become an adult before the age of 18—child support may be terminated. Emancipation can occur when a child gets married, joins the military, or moves out and becomes financially independent.
  3. Change in Financial Circumstances: If a parent experiences a significant change in circumstances, such as job loss, reduced income, or disability, they may petition the court for a modification or termination of child support. The court will require documentation of the changes to consider the request.
  4. Mutual Agreement: Sometimes, both parents can agree to terminate child support payments, particularly if the child is financially independent or if both parents agree that continued payments are no longer necessary. In such cases, it’s advisable to formalize the agreement through the court to avoid future disputes.
  5. Death of the Child: In the unfortunate event that the child passes away, child support obligations end immediately. Parents should be prepared to provide documentation regarding the child’s death to the court or child support agency.

What Do I Need to Legally Terminate Child Support?

While parents can seek to terminate child support under certain conditions, it’s essential to follow the legal process correctly:

  • Court Approval: Simply stopping payments without going through the court may lead to legal repercussions, including enforcement actions for unpaid support. Always seek a court order to formally terminate your obligations.
  • Documentation: Gather and present any necessary evidence, such as proof of income change or documentation regarding the child’s emancipation. The court requires clear and compelling evidence to consider modifications.

Terminating child support can be complex. Consulting with a family law specialist like Judy L. Burger can help ensure that all paperwork is filed correctly and that your rights are protected throughout the process.

Experienced CA Child Support Attorney

Child support is intended to support a child’s needs, but as life circumstances change, so too can child support obligations. Understanding when and how to terminate child support in California is crucial for both custodial and non-custodial parents. Whether due to a child’s age, emancipation, or changes in financial circumstances, it’s vital to follow the legal process to ensure that all parties are protected.

If you are considering termination of child support or have questions about your obligations, contact the Law Offices of Judy L. Burger for guidance and support. With the right legal assistance, you can navigate these changes confidently and ensure your child’s best interests remain the priority.  

 

Changes to CA Child Support Laws for 2025
California Divorce, Child Custody, Child Support, Marriage

Changes to CA Child Support Laws for 2025

California made adjustments in 2024 to reflect changes to the decades-old formula for calculating child support. Beginning September 1, 2024, and continuing into 2025, parents under child support orders will see new changes. CA Certified Family Law Specialist Judy L. Burger explores these changes and how they could affect you.

Improving Parenting in the 21st Century

California’s new child support law, Senate Bill 343 (SB 343), aims to make the child support system more equitable and personalized. The new law will take effect on January 1, 2026, and includes several changes:

  1. Updated Calculation Formula: The new formula, called the “K factor,” adjusts the percentage of net income for lower-income parents and recalibrates contributions for higher-income earners. The new formula will increase child support at most income levels and create a fairer system that more accurately addresses each parent’s financial situation. 
  2. Revised Add-on Expense Allocation: Add-on expenses, like childcare and medical costs, will be allocated based on each parent’s net income after taxes. This change will affect many parents’ financial responsibilities. The bill also includes additional expenses like extracurricular activities, childcare, and medical costs not covered by insurance. 
  3. Low-income Adjustments: The new guidelines create a “low-middle” earning bracket to help identify parents who are not on public assistance but still need support. The threshold for the low-income adjustment is now based on the amount a parent would earn working a full 40-hour workweek at minimum wage. 
  4. Pass Through to Formerly Assisted Families: Payments received toward government-owed debt will be distributed to parents who previously received cash assistance. 
  5. Potential Reductions for Incarcerated Parents: The bill provides potential reductions in child support obligations for incarcerated parents. 
  6. Limits On Driver’s License Suspensions: The bill limits the use of driver’s license suspensions as a penalty for unpaid child support. 

Periodic Reviews Of Child Support Orders

SB 343 establishes a requirement for periodic reviews of child support orders, aimed at adjusting these obligations in accordance with evolving circumstances. These reviews will consider changes in the parents’ income, employment status, and the needs of the child over time. By implementing regular assessments, the new guidelines seek to maintain fairness in child support arrangements, ensuring that the obligations reflect the current situations of both parents and the child. This provision allows for modifications to child support orders as necessary, promoting ongoing equity in child support agreements.

How Do These Changes Affect You?

California is implementing new child support guidelines aimed at creating a fairer and more balanced system. These changes prioritize the well-being of children while considering the diverse financial situations of parents. Understanding the details of Senate Bill 343 is important for those affected by these changes and anyone wanting to stay informed.

The only way to learn how these changes affect you is to have your current child support orders and calculations professionally reviewed. Have you already noticed changes in your child support payments or calculations? Do you have more questions about these changes and how they affect your specific case?

Family Law Attorney Judy L. Burger is adept at helping clients navigate child support issues and her counsel can be invaluable as you seek to protect your rights and ensure the best interests of your child. For expert guidance on these changes, CA Certified Family Law Specialist Judy Burger is available to assist you in addressing your family’s needs. Contact one of our offices to schedule a consultation and review. Call 415-293-8314 and ask to meet in the office nearest you: Gold River, San Francisco, San Jose, Beverly Hills, San Diego, Oxnard, San Rafael, or Santa Barbara, CA.

 

Reviewing My Parenting Plan for 2025
Child Custody, Child Support, Grandparent Rights

Reviewing My Parenting Plan for 2025

As we enter the New Year, it’s a great opportunity to reflect on and reassess parenting goals and strategies. Begin 2025 by reviewing and enhancing your parenting plan. Whether you’re navigating co-parenting, single parenting, or simply striving to be the best parent possible, reviewing your parenting plan can help ensure that your children have a stable and supportive environment.

CA Certified Family Law Specialist Judy L. Burger explores some recommendations for reviewing and improving your current parenting plan.

Understanding the Current Landscape

The first step in reviewing any parenting plan is to assess how well the current plan has worked for your family in the past year. Here are some critical factors to reflect on:

  • Routine and Structure: Did your daily routines provide enough stability for your children? Are there areas where you need to introduce new routines or tweak existing ones?
  • Emotional Well-Being: How did your children cope with emotional challenges, whether those stemmed from school, friendships, or family dynamics? Are you fostering an environment where they feel comfortable expressing their feelings?
  • Successes and Challenges: What worked well, and what didn’t? Make a note of both triumphs and struggles, from successful family activities to the challenges of juggling schedules.

Other issues you may need to address include changes in your work or living situation, changes in the other parent’s situation, new conflict or tension between parents, or any concerns for your child’s safety. California Family Law Attorney Judy Burger can help you review these and other aspects of your current court-filed parenting plan.

Setting Goals for 2025

Once you’ve established a clear picture of where you are, it’s time to set some goals for the upcoming year:

  1. Enhancing Communication: Effective communication is key. How can you create or improve open channels where your children feel safe discussing their thoughts and feelings? This may involve setting aside dedicated time each week for family discussions.
  2. Nurturing Independence: Children need opportunities to explore independence as they grow. How can you introduce more age-appropriate responsibilities to help them develop confidence and decision-making skills?
  3. Prioritizing Quality Time: Busy schedules can make it challenging to prioritize quality family time. How can you schedule regular family outings, game nights, or even quiet evenings at home?
  4. Educational Support: Education is an ongoing journey. Evaluate how you can best support your children academically, whether that means being more involved in their school activities, seeking additional resources, or simply providing a conducive homework environment at home.

Life is unpredictable, and plans can change. Flexibility is an absolute must. Just because something has worked in the past doesn’t mean it will work in the future. Be open to adapting your parenting plan as necessary to navigate any unexpected challenges that might arise. Child Custody Attorney Judy L. Burger can offer professional advice when circumstances seem overwhelming or schedules always seem to conflict. She can provide insights and strategies tailored to your unique family dynamics.

Get Help with Your CA Parenting Plan

Reviewing your parenting plan for 2025 is about reflecting on the past, setting goals for the future, and fostering an environment of love, support, and growth for your children. Remember, your parenting plan is filed with the court and becomes a legally binding agreement, so any changes must be resubmitted to the court for approval.

Judy Burger can help you evaluate what works and what doesn’t while offering advice on remaining flexible in your approach as you create a fulfilling and balanced family life. Contact one of our eight offices across California to schedule a consultation.

Help! My Ex Won’t Pay Child Support
Child Support, Debt

Help! My Ex Won’t Pay Child Support

Child support often makes the difference between survival and struggling for divorced single parents. The challenges mount rapidly when an ex-partner fails to meet their financial obligations. If you’re facing this situation, it’s important to understand your rights, the legal avenues available to you, and how to effectively approach the issue.

California Certified Family Law Specialist Judy L. Burger shares a guide to help you manage this difficult circumstance.

Understanding Child Support

Child support is a legal obligation that one parent is required to pay to the other for the financial support of their child. This arrangement aims to ensure that the child’s needs are met, regardless of the custodial situation. Child support agreements may be established through the courts or negotiated between parents, and they can cover a range of expenses, including housing, education, healthcare, and everyday living costs.

Reasons Why an Ex May Fail to Pay Child Support

There are various reasons why an ex might fall behind on child support payments, including:

  • Financial Hardship: Job loss, medical expenses, or other financial difficulties can impact a parent’s ability to pay.
  • Disputes Over Payment Terms: Misunderstandings or disagreements regarding the terms of support can lead to missed payments.
  • Relocation: If an ex moves to a different state, it may complicate enforcement of child support orders.
  • Avoidance Behavior: In some cases, a parent may simply evade their responsibilities.

Visit Customer Connect to check your payment status online. If you need further assistance, you can contact the automated service line at 1-866-901-3212 with any questions related to your child support payments.

Steps to Take If Your Ex Won’t Pay

CA Child Support Attorney Judy Burger possesses significant experience in addressing situations where parents attempt to evade their financial responsibilities towards their children. She has encountered various cases involving individuals who seek to minimize their spousal support obligations by reducing their income, quitting their jobs, or concealing assets. This expertise enables her to effectively navigate the complexities of support enforcement and ensure that obligations are met.

Here’s what she recommends if your former spouse refuses to pay child support:

  1. Document Everything: Keep detailed records of all missed payments, communication attempts, and any relevant documentation related to your child support agreement. This will be crucial if you need to take legal action.
  2. Communicate Openly: Sometimes a simple conversation can help resolve the issue. Approach your ex calmly to discuss the situation and see if they are facing difficulties that you weren’t aware of.
  3. Review Your Agreement: Understand the terms of your child support agreement, including payment amounts, due dates, and the consequences of missed payments. This knowledge equips you for discussions with your ex or legal authorities.
  4. Consider Mediation: If direct communication fails, mediation can be a productive way to address conflicts and establish a new agreement that satisfies both parties.
  5. Contact the Child Support Agency: If informal resolutions are not successful, contact your local child support enforcement agency. They can assist you in enforcing the child support order through various means, such as income withholding or intercepting tax refunds.

Get Legal Assistance with Child Support

If the situation escalates, consult family law attorney Judy Burger. She can provide guidance based on your specific situation, help you file a motion to enforce the child support order, and represent you in court if necessary. If all else fails, you may have to take legal action to enforce the child support order. This can lead to court-ordered solutions, which may include penalties against the non-paying parent, such as wage garnishment or even jail time.

By law, both parents must share the financial responsibility for raising their children. When your ex won’t pay child support, it’s crucial to take proactive steps to address the situation. Preserving your child’s well-being is the top priority, and you have the right to seek the support they deserve. Contact The Law Offices of Judy L. Burger to get experienced help toward a resolution that supports your child’s best interests. 

What If My Child Support Isn’t Enough?
Child Support, California Divorce

What If My Child Support Isn’t Enough?

Divorce and separation can be challenging not only emotionally but also financially, especially when children are involved. Child support is designed to help cover a child’s basic needs, including food, clothing, and education. However, there may be situations where the support received isn’t adequate to meet a child’s needs.

Certified CA Family Law Specialist Judy L. Burger wants you to understand your options and the steps you can take if you find yourself in this position

Understanding Child Support

In California, child support is typically calculated using a specific formula that considers both parents’ incomes, the amount of time each parent spends with the child, and any special needs the child may have. The formula aims to ensure that children continue to receive financial support from both parents, even after separation or divorce. However, what happens when that support isn’t enough? Here is how you can assess your situation:

  1. Review the Support Order: Review your current child support agreement closely. Determine if the support amount reflects the child’s actual needs and living costs. What might seem sufficient on paper may not be enough when considering a child’s growing needs, especially as they age and their expenses increase.
  2. Consider Changes in Circumstances: Changes in your financial situation or your child’s needs can affect the current support amount. For instance, if you’ve lost your job, had an unexpected medical expense, or your child has developed new needs (like tutoring or special activities), these factors should be considered.

What Can You Do to Address Insufficient Child Support?

2020–2022 data in the KIDS COUNT® Data Cen­ter reveal that just 23% of U.S. female-head­ed fam­i­lies report­ed receiv­ing any amount of child support dur­ing the pre­vi­ous year. Family law attorney Judy Burger can clarify your options if you are not receiving adequate child support payments. She can help you navigate the legal process, understand your rights, and represent you in court if necessary.

  1. Request a Child Support Modification: If circumstances have significantly changed since the initial support order was established, you may petition the court to modify child support. This often involves documenting your current income, expenses, and your child’s needs. CA child custody attorney Judy Burger can help you understand the process and increase your chances of success.
  2. Gather Documentation and Evidence: When seeking to modify support, gather evidence that supports your claim. This may include:
  • Recent pay stubs or tax returns
  • Receipts or invoices for child-related expenses (like medical bills, educational costs, or extracurricular activities)
  • A budget showing the financial strain due to the support received
  1. Negotiate with the Other Parent: Open communication with the other parent can sometimes lead to informal agreements regarding additional support. While this is not a legal route, it can be beneficial if both parents are willing to cooperate for the child’s best interest. Documenting any agreements made is essential, as they can help in future legal proceedings if needed.
  2. Seek Additional Financial Aid: If child support isn’t sufficient, consider looking into other resources to assist with child-related expenses. This could include government programs, scholarships for educational costs, or community organizations that provide financial assistance.

If you find that your child support isn’t enough, remember that you have options. It’s important not to lose hope—there are pathways you can pursue to ensure your child’s needs are adequately met. Whether it’s seeking a modification of your support order, negotiating with the other parent, or accessing additional resources, proactive steps can lead to a more secure financial situation for your family.

California Child Support Attorney

Reach out to California Child Support Attorney Judy L. Burger for personalized advice and support in navigating child support issues. She has considerable experience helping single parents protect their rights and advocate for their children’s well-being. Call 415-293-8314 or contact one of our eight offices directly online or by phone.

 

Child Support and My 2024 Taxes
Child Support, Debt

Child Support and My 2024 Taxes

Child support is a significant obligation that the State of California takes very seriously. Payers and recipients must follow established guidelines to meet legal requirements and adequately provide for their families. Questions often arise about how child support affects federal and state income taxes. Certified Family Law Specialist Judy L. Burger shares more about child support and your taxes for 2024.

Child Support 101

In California, child support is an important element of family law that provides for the welfare of children following their parents’ separation or divorce. Child support is calculated using a detailed formula that considers the income difference between parents and the amount of time the higher-earning parent spends with the children.

If there is a significant income gap and the higher-earning parent has less parenting time, they are typically required to pay more in child support. This guideline is used in a range of situations, such as divorces, cases involving unmarried parents, dissolution of domestic partnerships, and requests to modify existing support orders.

California Child Support Attorney Judy Burger can help you calculate your child support obligation and handle other matters pertaining to divorce, custody, and spousal support.

How Does Child Support Affect Taxes?

When it comes to child support and taxes, there are a few key points to keep in mind:

Generally, paying or receiving child support does not impact your tax burden. If you’re unsure about how child support may impact your taxes, it’s always a good idea to consult with a tax professional who can provide personalized advice based on your specific situation.

Child Support Modifications and Taxes

It’s important to note that if your income changes by 20% or more, a review may be required to determine whether it affects the amount of child support you need to pay or receive. This can also impact how you calculate your tax burden. Income changes that can warrant support modifications include:

  • Increases: Increases may raise your payments.
  • Decreases: Decreases may reduce your payments depending on the nature of the decrease.
  • Job loss: If a parent loses a job, the court may temporarily reduce payments until they secure new employment, then make a more permanent determination.
  • Self-employment: This type of employment can fluctuate, requiring adjustment or modification.
  • Retirement: This often makes significant changes in income, usually decreases, and will require an adjustment.

Any changes to child support payments must be agreed upon by both parents and approved by the court. Remember, regardless of any increases or decreases in your obligations, child support is not deductible on California or federal taxes for either the payor or the recipient. It’s advisable to seek the assistance of family law attorney Judy Burger to navigate this process and ensure that your child’s best interests are met.

California Child Support Attorney

When you need help from a California Child Support Attorney, choose Judy L. Burger. As a Certified Family Law Specialist, she has the knowledge, tools, and experience to help you with complex support, custody, and maintenance issues that impact your family’s well-being. We have eight offices throughout The Golden State for your convenience. Contact the one nearest you to schedule a consultation today.