It’s very important to understand what you should NOT do when you have a Child Support order in California. Do NOT do the following:
- Do not address Child Support by a verbal agreement. Any decision regarding child support should be made, or approved, by the court
- Do not pay Child Support in cash–you always need proof of payment
- Always include a custody & visitation schedule with the child support order as the percentage of time with the child influences the support payment
- If there is a change in custody/ visitation, make sure to do this legally in court so that Child Support is addressed (if you have a verbal agreement to create or modify support–make sure to do a stipulation & file it with the court)
- If your salary or job situation has changed, you must address this in court as this may lower your Child Support payment
Failure to follow these 5 cautionary rules may result in over-payment of Child Support and may even saddle you with arrears. Further, if you fail to pay Child Support you may have your driver’s license taken away, passport withheld, bank account levied and/or business license suspended or experience more penalties.
When you are not married and have children, you will require a ‘paternity action‘ which will address custody, visitation and support for the child. Once established, a Request for Order can be filed to change the order if needed.
When you are married & have children, a Divorce, if desired, is filed which would address Child Custody and Child Support. A Request for Order can be used for temporary orders while the Divorce is in progress or for changes to an existing Child Custody & Child Support order.
If you have children and want to discuss Child Support and/ or Child Custody, give us a call. Our experienced Family Law Lawyers and Divorce Attorneys can answer your questions and determine your best options. We can be reached at 1-800-HELP-444 (1-800-435-7444). You may also wish to visit our website www.LegalActionWorkshopLAW.com for more information.
Leave a Reply