How is Child Neglect Proven?
Child custody in California divorce cases is often the most distressing and emotionally fraught part of the divorce settlement process. When one parent accuses the other of child neglect, the stakes become even higher for all involved in this contentious issue. Because California courts prioritize a child’s best interests in all decisions, the court takes allegations of child neglect in custody cases very seriously. Sadly, many parents make false allegations…
Read MoreHow Do I Know If My Child Support is Fair?
Divorce is almost always a legally complex and emotionally charged legal proceeding. When a divorce involves minor children, it becomes even more distressing. Often, matters of deciding child custody, parenting time, and child support are the most contentious and emotionally fraught battles between divorcing parents. No parent looks forward to a judge telling them when they may see their children, and often one spouse paying their ex-spouse a percentage of…
Read MoreDerivative Benefits and Child Support
Divorced parents who receive social security or disability benefits may have questions about how this source of income affects their child support orders. Beginning in 2014, an appellate court ruling in California ruled that the derivative benefits a child receives through social security do not make up part of the parents’ incomes for purposes of child support. In other words, if you’ve retired or become disabled and your child receives…
Read MoreCan the IRS Take My Tax Refund for Child Support?
California family courts take non-payment of child support very seriously. The state’s child support agencies follow the federal guidelines for enforcement including the Treasury Offset Program (TOP). This program offsets the tax returns of American taxpayers who owe debts to government agencies, including child support. In 2022, TOP recovered over $5.2 billion in unpaid debt, including child support. If you are under a court order to pay child support, it’s…
Read MoreHow to Get a Child Support Order Modified Because of a Disability
California courts expect both parents to share in the expenses associated with raising their children, despite their marital status. All decisions made by the family court put the well-being of children at the top of the priority list. Child support orders require the higher-paying parent or the non-custodial parent to pay a specific support amount to the lower-paying parent or the parent with primary custody. Failure to stay up to…
Read MoreWill Unpaid Child Support Appear on My Credit Report?
After a divorce or in cases of unmarried parents, the California Family Court expects both parents to contribute to the expenses involved in raising children, including housing, food, and medical care. When the California court issues an order for child support to the higher-earning or non-custodial parent, it continues to monitor the support account through the California Department of Child Support Services. All child support orders are also automatically reported…
Read MoreProperty Liens for Unpaid Child Support
California family court makes the well-being of children a top priority in all of its decisions, including child support orders for non-custodial parents. Both parents must provide for their children and a divorce doesn’t change that. The non-custodial parent must contribute toward the costs of housing, food, clothing, medical care, and other expenses involved in raising children. When the paying parent falls into arrears on their child support payments, the…
Read MoreJail Time for Unpaid Child Support
Like most states, California family courts prioritize the best interests of children when spouses seek a divorce. This includes child support orders, typically paid by the higher-earning parent to the lower-earner with the intention of providing for the children in the manner they’re accustomed to with the least amount of disruption to their lives. The amount of child support may be negotiated and agreed to by both parents before the…
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