San Jose Child Support Lawyer

Representing Child Support Recipients and Payors

One of the most complicated topics in any California divorce, legal separation, or paternity issue is that of child support. At the Law Offices of Rod Firoozye, we understand just how difficult and emotionally challenging these situations are. Of course, you want to do what is right and in the best interests of your child as both the support payor or the recipient. That, however, does not make these cases any easier, and the help of a San Jose child support lawyer can be essential.

In California, parents must share the financial duty of providing for and raising their children. In some cases, the parents may be able to reach an agreement on how to share this monetary responsibility without the need for court. However, in other cases where the parents cannot reach an arrangement, they will be required to go to court where a judge will make the final decision for them.

Divorce or legal separations can be tough on their own without the contentious topics being added to the mix. When children are shared between a divorcing or separating couple, difficult decisions must be made, especially when it comes to ensuring your child’s needs are met. At the Law Offices of Rod Firoozye, we are here to assist you through a child support case, whether you are the payor of said child support or the recipient.

Determining Child Support in San Jose

In California, when a judge makes a determination on how to go about arranging child support between a divorcing or separating couple, there is a formula they can use to calculate amounts by taking several factors into the equation. These primary elements will influence your child support calculation. They can include the following:

• Income of the parents. The courts will first consider the income of both parents, including their wages, yearly salary, bonuses, commission, income from self-employment, and any other financial or monetary sources. For individuals who are self-employed or who have an income that is difficult to quantify, you may be required to provide documentation to verify your earnings. Additionally if one parent is unemployed or working only part time there procedures for the other parent to request that the Court order the unemployed parent to seek employment or meet with an expert to determine work that they may be qualified for and the estimated amount of such income.
• Custody arrangements. Another factor the courts will take into consideration is the time each parent spends with the child in question. If one of the parents has primary physical custody, the other parent will most likely be required to pay support for that child. If the parents, however, share custody, then the amount may be adjusted to reflect the time that the parents individually share with their child.
• Other children. A third factor taken into account is whether a parent supports a number of children, including children from the current relationship or children from a past relationship. One example can include if a parent has several children across different relationships, their obligation to pay support for each child may be adjusted in order to reflect the duty they have as a parent.
• Special needs. If the child involved in the case has any kind of special needs or requires a substantial amount of financial resources, the courts may consider this when calculating the amount of support the child needs. This can include certain medical expenses that are not covered by health insurance or costs related to their necessary therapy or education. Children with significant special needs may require further assistance after the age of 18 which a Court can order.
• Health insurance or childcare costs. Certain other factors may be taken into consideration in a child support calculation, such as the cost of necessary health insurance for the child along with any childcare costs such as day care.

How the Team at the Law Offices of Rod Firoozye Can Help

For nearly three decades, the team at the Law Offices of Rod Firoozye has had a firm understanding of various aspects of child support, including:

• The noncustodial parent involved in a case will most likely be ordered by the court to pay monthly child support to the parent who has been awarded more physical custody.
• These child support payments will need to be made to the custodial parent until the child is no longer eligible for the support — typically when they surpass the age of majority or graduate high school.
• The amount of support is in part determined by the income and expenses of both parents, meaning as your attorney, we will need to gather and analyze documentation regarding both your employment and income and that of your co-parent.

Frequently parties may end up agreeing to certain levels of child support without understanding the legal requirements for child support in California. Furthermore, as a part of child support, parents are usually obligated to pay for additional costs for the care of the children (such as after school care, private tuition, tutorial services, or other similar costs). At the Law Offices of Rod Firoozye, we help people who are seeking receipt of child support or those who must pay support to the other parent.

In determining proper child support and additional costs for the children, we guide you through the specific legal requirements and help you understand your legal rights. By understanding these rights, you can then decide how to negotiate (or if necessary) litigate proper support amounts.

When Is Child Support Established in California?

After a child is born in California, child support may be established at any time. However, there are special situations in which support orders are usually initiated. These can include the following.

• If you are experiencing a divorce or legal separation in California and have children, the issue of child support will need to be established and determined as part of your legal proceedings.
• If parents are not married, child support orders can be created and required through a paternity case.
• If the parents are legally separated but not officially divorced, one of the parties can file for child support through a local child support agency or through their local court system.

At the Law Offices of Rod Firoozye, our family law specialists have assisted clients with countless custody or support cases over the years and have the skills necessary to protect your rights as a parent and your financial health. A divorce or legal separation can pose many issues for individuals, which is why it can be so essential that you settle on a financially beneficial resolution for all parties involved.

Seeking a Modification of Child Support in San Jose

It is important to keep in mind that child support orders are not permanent and can be modified upon the showing of changed circumstances. If your life or monetary situation has changed in a substantial way since the original order for child support was handed down, you may be eligible to seek a modification or even a termination. Whether you are the receiving parent seeking a support increase or the paying parent seeking a support decrease, our family law attorneys are here to assist you.

There are several qualifying reasons to seek child support modifications in California. These reasons can include loss of employment, an increase in monthly income, a change in your child custody arrangement, and expenses for healthcare or certain forms of education.

Speak With a Family Law Specialist Today

If you have a question regarding child support orders in San Jose, California, the team at the Law Offices of Rod Firoozye is here to help. Contact our offices today to schedule a consultation and learn how we might be of service to you during this challenging time.