Unemployment, Job Contacts & Child Support In San Diego Paternity, Divorce and Legal Separation Cases
In San Diego, the two parents are legally obligated answerable for the support of their children, regardless of whether they were married and legal separation or divorce or a paternity case where the parents are not married. Parent’s earnings are a key factor in the San Diego Superior Court Family Law Judge in determining child support under the guidelines. Some parents deliberately decrease their pay to eliminate or reduce their obligation of support - they may do this by curtailing work hours or declining to work full time or accepting employment. There are many other factors which determine child support including percentage of time share and tax filing status. The Law Office of Doppelt and Forney, APLC has experience in representing parents in child support cases in San Diego. A free virtual consultation, up to 30 minutes, is offered so that you can know what the guideline support per the disso master program would be. This can give you a realistic expectation of the amount and also whether you should reach an agreement on the amount of child support or litigate this issue. Their office can be reached at 800-769-4748 to schedule your virtual consultation which is no cost and also confidential.
In San Diego, California, joblessness is high. Numerous parents are either jobless or do not have full time employment and also have child support orders. Under the California Family Law Code and San Diego Rules of Court, no change of child support, with extremely constrained individual cases, for example, imprisonmen can be applied retroactively. In that capacity, it is essential to file and serve a motion [request for order] to alter child support quickly after getting jobless. This will protect the rights of the the payor's or payee’s since the San Diego Family Law Judge has the authority to make any child support adjustments retroactive to the date of filing. In San Diego, child support modification motions are heard in the Division of Child and Support Administrations in both San Diego and North County for DCSS cases and also heard in the Family Law Courts in Vista, El Cajon, Chula Vista, and San Diego.
In San Diego, parents are legally liable for child support until their children turn 18 and graduate high school, or until they turn 19 unless special needs. Parents may concur on the amount of child support. A child support case can be opened to the Family Law Court by a parent or by the California Division of Child Support Administrations in the interest of the child (or children).
There are many different scenarios in which parents file a motion for child support modification. First, the parent may have been laid off. Second, the parent may have been furloughed. Third, the parent may have been terminated for cause. Fourth, the parent may have been terminated without cause. Fifth, the parent may have resigned. In each of these scenarios, there are different outcomes. If the parent is collecting unemployment, then the unemployment amound is used for the child support calculation pending new employment. If the parent was laid off, and received a severance package and payments, then this severance amount may be used to calculated child support. If the parent voluntarily quit without legal justification under California Family Law, the Court could use the income from employment before the payment quit.
It has been standard, in both the DCSS Court and Family Law Court in San Diego to make a "job contact" order. The courts have a structure for this and make orders for both individual occupation contacts just as web work contacts. Some Judges require five job contacts per week and some require 10 job contacts per week. In many cases, a review hearing is set several months in the future for proof of compliance and the job contacts and the child support amount may be reserved and calculated from when new employment is obtained.
Doppelt and Forney, APLC has licensed California attorneys who can analyze your individual child support case and give you advice. These cases can become complicated and, often, very contentious. A legal analysis can give you information to make the best decisions for yourself.