San Jose Child Support Lawyers

When going through a divorce, some of the most challenging processes can be the ones involving your children. Working with a San Jose child support lawyer who is compassionate, knowledgeable of the law and ready to stand up for you throughout the entirety of your case is important.

We have extensive experience representing clients in San Jose divorce cases, child support, child custody in San Jose and related family law matters. Clients choose to work with our team because of our long-standing track record and our ability to connect with our clients.

We encourage you to call our team of San Jose child support attorneys today at (408) 244-4570 to arrange a confidential consultation. Our San Jose family lawyers serve clients in the Bay Area and throughout Northern California.

Who Will Have to Pay Child Support?

The purpose of child support is to help a parent adjust to supporting his or her children on a single income. California courts have a complex formula to determine the child support amount and the outcome will differ from case to case. More often than not, the parent with the higher income will have to pay child support to the lower-earning parent.

Of course, this situation can change based on the amount of time each parent spends taking care of the children. If the higher-earning parent is also the custodial parent, the amount that he or she will pay to the lower-income parent will be much less than if the lower-income parent had custody.

What Is Child Support Meant to Cover?

The cost of raising a child in California can be very high, and the purpose of child support is to provide the custodial parent with the funds necessary to provide for a child’s needs. Some people believe that child support only covers the basic necessities like food and shelter – but it can actually cover many different expenses for a child.

• Basic necessities: Children need food, clothing, and shelter at a bare minimum. With child support, the custodial parent can purchase groceries for the child, provide him or her with age and weather-appropriate clothing, and pay for the various costs associated with the home (rent, mortgage payments, utility bills, etc.).
• Medical care: Child support can help a parent cover the gaps between what his or her medical insurance pays for and the cost of the treatment. Parents can use child support to pay for co-pays, dental care, eyeglasses, and other treatments that insurance doesn’t cover.
• Educational costs: Schooling can be quite expensive, even if a child attends public school. Parents might use child support to cover some of these fees, including lunch money, textbooks, and school clothes.
• Childcare: Working parents can’t always be home to watch their children, but childcare costs can be expensive. With child support, parents can pay for daycare, babysitters, and afterschool programs.
• Entertainment and extracurriculars: Children have the right to basic entertainment and enrichment activities. A parent can use childcare to pay for entertainment such as television, computers, the internet, movie tickets, and family outings and trips. These funds can also pay for extracurricular activities like sports, clubs, and summer camp.

How Is Child Support Calculated?

California calculates child support based on a complex formula, and the results may vary from case to case. The state takes into consideration the income of both parents, their disposable income, and the percentage of time that the higher earning parent will spend taking care of the child.

Typically, the higher-earning parent pays the child support to the lower-earning parent. However, the more time that the higher-earning parent spends taking care of the child, the less child support he or she will owe to his or her former spouse.

This formula can change in a number of other circumstances as well. For example, both parents may have joint custody of the child, but one of the parents may need to pay for higher rental or mortgage costs than the other. In these situations, the parent with the lower mortgage may have to pay child support so that the parent with the higher mortgage can adequately support the child.

Do I Need a Lawyer for Child Support?

Entering child support negotiations can be intimidating, especially if you are not familiar with the California divorce courts. When you are attempting to seek child support for your child, you will require an attorney who can advocate for your needs.

Your attorney can provide a number of benefits for your case, both in pre-trial negotiations and in the courtroom. Without a lawyer on your side, it can be easy to lose your chance at receiving child support payments, or to leave the courtroom with a lower monthly payment than what you actually need.

Your attorney will be familiar with how California calculates child support and the different costs you can use these funds to cover. Together, you and your lawyer will discuss your child, your financial situation, and the funds you will require to raise your child. He or she will then enter the negotiating room and use his or her skills to advocate for the monthly payments you need to support your child.

Strong Support for Our Clients

We take a caring, thorough approach to representing our clients. You can expect to have a full understanding of the legal issues of your case, right from the start, and to be made aware of all legal options you can pursue.

Contact Our Firm with Questions and to Schedule a Consultation

To schedule an appointment with one of our San Jose child support attorneys, please call our office or fill out a short online contact form.