If you are a San Jose parent intending to divorce, you may have numerous questions about child support. You may be wondering how child support is calculated, whether a support arrangement can be modified, or how to obtain delinquent support payments. You may be questioning whether your bonus figures into child support payments or wondering if your spouse's remarriage will change your arrangement. Experienced San Jose child support lawyer John S. Yohanan has decades of experience in this area of the law and can address your concerns.
Many attorneys can offer an academic explanation of California family law. But when it comes to something as crucial as child support or child custody you need a lawyer who can offer a clear, easily understood explanation of the law as it applies to your particular challenges. I will provide you with a strong understanding of your case as it currently exists, explain your options, and can also help you anticipate any difficulties that may arise in the future.Bay Area Child Support, Modifications, and Enforcement of Court Orders
California law has a precise, complex mathematical formula that the court follows in order to determine how much child support parents must pay. Courts use approved software and a computer to do the calculation.
The court will consider numerous factors, including each parent's net disposable income, the number of children you have, and the amount of time each spends with the children (also called "timeshare" or "custodial percentage timeshare").
In some instances, a Santa Clara County court may order a child support different from the calculated amount. For example, if a parent makes less than $1,000 in net disposable income per month, the court may make a low-income adjustment. Similarly, if one parent has an extraordinarily high income and the guideline amount would vastly exceed what a child needs, the court may make a downward adjustment. If the children have a special medical need or disability, the court may adjust the figure to award the custodial parent more support. Child support must be paid until your children are 18 years old, graduate from high school or turn 19, whichever occurs first, or until they are legally emancipated.
Bay Area parents can agree to their own child support order. I have the experience to help you try to negotiate a child support agreement that is in your child's best interests but also have the assertive advocacy necessary for trial. After an agreement or order is entered, there may still be disputes. For example, you may not believe your spouse's hardship claim or you may dispute the amount that must be spent on a child with special needs. These matters are usually considered in a settlement conference. If settlement attempts are unsuccessful, however, a California Family Court judge may hear and resolve the matter.Dedicated to You and Your Family
I handle all kinds of child custody and divorce matters that arise in Santa Clara County, the South Bay, and the entire Bay Area, but place a particular focus on challenging cases – the kinds of complex cases that take extra effort and special care. If you and your spouse agree about child support, I can help you finalize details, file the paperwork, and make sure your children's long-term happiness is a priority. However, my 35 years of experience make me especially suited to handle contentious disagreements about child support and custody. Contact experienced San Jose child support attorney John S. Yohanan at (408) 297-0700 or via our online form.