When a family faces a legal separation or divorce, it may be challenging and disruptive in a variety of ways. In addition to the emotional stress associated with the family law process, there are often financial considerations that need to be addressed. Although the court system is limited when it comes to addressing the emotional challenges of a divorce or separation, there often are many options available when it comes to ensuring the continuation of financial support for a former spouse, partner, or child. At MacKenzie & Associates, our Alameda County child support attorneys have counseled people in Hayward and throughout the East Bay.Child Support
Under California law, there is a direct linkage between parenting time, which describes visitation, and child support payments. Child support is largely based on each parent’s income and the amount of time that the child is with them. Each county has a local child support agency to assist parents with navigating the child support laws and pursuing child support. A parent may also pursue a legal action seeking child support independently. Either way, the process involves a court case. Either party may seek a court order declaring each parent’s rights and responsibilities regarding child support. It is typically calculated according to California’s guidelines, which are a statewide formula, unless the parties can agree on the amount of support that should be provided. The guidelines take many factors into consideration, including the respective income of each parent, how many children the parents have together, and any costs associated with the child’s care like daycare or health care. A child support lawyer at our Alameda County firm can advise you on how the factors may apply to your circumstances.
The child support payments terminate when the child turns 18 unless the child is still a full-time student in high school and resides with a parent. In the latter case, the payments will cease when the child graduates or turns 19, whichever happens first. Other instances in which the payments will terminate include if the child marries, becomes emancipated, or joins the military.Spousal Support
There are a variety of ways to obtain spousal support in California. First, the parties may reach an agreement on their own. Second, either or both parties may seek a court order regarding spousal support and defining the rights and obligations of each party. The party seeking spousal support may ask the court to issue an order requiring the other party to pay spousal support while the matter is adjudicated. This is known as a temporary spousal support order. When considering the amount of spousal support to award, the court considers many factors, such as the length of the marriage, the age of each party, and the respective educational and career circumstances of each party.
Also, it is important to understand that an employer may not retaliate against an employee who is undergoing an earnings assignment, also known as a wage garnishment, for collecting child or spousal support payments.Retain a Spousal Support or Child Support Attorney in Alameda County
If you are involved in a dispute regarding spousal support or child support, you do not need to navigate the legal process alone. The knowledgeable Alameda County child support lawyers at MacKenzie & Associates have represented hundreds of parties in support obligation matters in Hayward and many other cities in the East Bay. We can help you with each step of the process and pursue the legal outcome that you deserve. Call us at 510-537-7200 or contact us online for a free phone consultation. We also can assist you with a child custody matter or any other type of family law proceeding. We understand the significance of what is at stake for your children and you, and we will treat you with compassion and professionalism from start to finish during our representation. Let us protect your rights and advocate for your interests.