Child Support

Child support modification attorney San Jose

Child Support Attorney in Santa Clara

In California, child support is set by a formula set forth in Family Code Section 4050, which considers a number of factors including each parent’s income, number of children in the family, custody timeshare, tax factors and other factors. Temporary child support may be set while the divorce is pending and child support may also be set in the final judgment. However, the amount of child support is not fixed in stone, but is modifiable upon a change in circumstances.

The Family Law Judge must use the formula and can only deviate from the guideline formula if he or she makes specific findings that doing so is in the best interest of the minor child(ren). Both parents have an obligation to support their children. The formula is complex and the Court and attorneys use support calculation computer programs approved by the Court. Common programs are “Dissomaster” and “SupportTax”. The Department of Child Support Services uses its own program. In addition to baseline guideline child support there may be additional child support known as “add-ons” for childcare needed for employment or education to gain employment and uninsured healthcare costs for the minor children. There may also be discretionary “add-ons” for education or special needs of the children.

The Law Office of Ane Murphy represents clients throughout Santa Clara County with child support, enforcement, and modification needs. As a firm, we provide clear advice and representation in all such matters to both those currently in the process of divorce, and to those who have been divorced for some time but who have had major changes occur in the life situations.

Major Life Changes and Their Effects on Child Support

As life goes on after divorce, the needs of the children and the circumstances of the parents can change dramatically. If the income of a party increases significantly due to a promotion or sudden onset of wealth, we will go to court on the client’s behalf to obtain a child support modification. Likewise, if the income of a responsible party decreases due to a job loss, disability, or other reason, often we can obtain a modification. However, not every change in income or in life circumstances will warrant a child support modification from the court.

Whether you are a non-custodial parent or share joint physical custody of the children, if you think that the amount of child support money should be changed, our child support attorneys can provide an analysis for you. If our evaluation shows that it is in your best interests to obtain a modification in child support, we can go to court and achieve this for you.

Contact us at our Santa Clara County office location to schedule an initial consultation with Ane Murphy, a child support attorney.