Law Offices of Erik Steven Johnson

247 N. Third Street, San Jose, CA 95112

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San Jose Child Support Lawyer

los gatos child support lawyer

Family Law Attorney for Child Support Orders in Milpitas, Saratoga, and Santa Clara County

Few issues in family court are as contested as child support. Child support, which is the amount of money a court orders one or both parents to pay to support their children, is often pursued and issued after a divorce or after a couple who shared children split up. Child support is instrumental in maintaining the livelihood of a separating couple's children; therefore, you should retain a skilled attorney who can assist you with obtaining effective child support orders.

If you are pursuing or modifying a child support order, contact our family law attorney at the Law Offices of Erik Steven Johnson. Attorney Erik Johnson's significant experience in both family and criminal law provides him with the strong litigation skills needed to effectively represent you and your interests in court.

How is Child Support Calculated?

In California, a minor's mother and father have an equal duty to support an unmarried child (who is a full-time high school student and is not self-supporting) until he or she reaches the age of 19 or completes his or her senior year of high school, whichever comes first (Family Code section 3901). Child support is calculated by a statewide guideline that takes into account several factors such as:

  • Determining how much in income the parents earn or can earn.
  • How many children the parents share.
  • How much time each parent has with the children.
  • The tax filing status of each parent.
  • Health insurance costs.
  • The best interests of the children.
  • In order to ensure the lives of the children are improved, child support should improve the standard of living of the custodial parent's household.

A child support order may require both parents to split the costs for child care, the child's health care expenses, travel for visitation, and the child's educational necessities.

Modifying a Child Support Order

In order to change an existing child support order, the parent(s) must show that there has been a change in circumstances. However, if the court ordered one or both parents to pay a certain amount in child support that is below the guideline amount, the parent requesting a modification of the child support order does not have to prove a change in circumstance.

A change in circumstance can include several factors such as:

  • A parent lost his or her job.
  • One or both parents' income has been changed.
  • A parent recently had a child from another relationship.
  • The child is now spending much more time with one parent than the other.
  • The child's needs have changed, so there are more or less child care, education, and medical expenses.

If both parents agree on a new amount of child support payment, the court will have the amount of support become a new order. However, if the parents do not agree on the change to the order, then the parent seeking a change in the order must file a motion with the court asking for the child support order to be modified.

Committed Child Support Lawyer in Los Gatos CA

Whether you are seeking child support, responding to a support order, or pursuing a modification of an existing order, the Law Offices of Erik Steven Johnson can assist you. Attorney Erik Johnson will ensure your goals are represented in court so that your children are well cared for. To schedule a free consultation, call our office at 408-246-3004 or contact us online. We serve clients in San Jose, Santa Clara, Sunnyvale, Campbell, Cupertino, and the San Francisco bay area.

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