Santa Ana Attorney David Gonzalez explains child support.

If you ever have a case in family court, you most likely will encounter the issue of child support. Parents often times want to know how much will be the amount ordered for child support by the family court judge. Before getting to the how much part, it is important for parents to understand why the State of California puts much emphasis regarding the issue of child support when children are involved in a family court case.

California has a strong public policy in favor of adequate child support. That policy is expressed in the statutes under the California Family Codes, 4050 through 4076, or often called the statewide uniformed child support guidelines. The purpose of such guideline child support is to make certain that the interests of children are met given that such interests are of high priority for the state. As one family law case put it, " A parent's first and principal obligation is to support his or her minor children according to the parents' circumstances and station in life. Each parent should pay for the support of the children according to his or her ability." In re Marriage of Cheriton.

Family courts, therefore, are obligated to adhere to the child support guidelines and mathematical formulations provided by the child support statutes.

However, the family courts are also directed to consider the following principles when making child support orders:

  1. Both parents are mutually responsible for the support of their children;
  2. The guideline formula takes into account each parent's actual income and level of responsibility for the children;
  3. Each parent should pay for the support of the children according to his or her ability;
  4. Children should share in the standard of living of both parents;
  5. Child support orders in which both parents have high levels of responsibility for the children should reflect the increased costs of raising children in two homes and should minimize significant disparities in the children's living standards in two homes;
  6. The financial needs of the children should be met through private financial resources as much as possible;
  7. It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of children;
  8. The guideline seeks to encourage fair and efficient settlements of conflicts between parents and to minimize the need for litigation;
  9. The guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formual;
  10. Child support orders must ensure that children actually receive fair, timely, and sufficient support reflecting the state's high standard of living and high costs of raising children compared to other states.

So you can see and now understand the reason the family courts in California place a high priority when considering orders for child support. Children and their interests are of high priority for family cours. The principles stated above are weighed by family courts when making orders for child support. Family courts will often make child support orders based upon the child support guideline and the above principles. There are times orders for child support can deviate from the child support guideline. If there is any deviation, the court must explain the reason for the devation.

Whenvever you are faced with the need to have child support orders or the need to change or modify a current order, seek the legal help and experience from the Gonzalez Law Firm. Attorney David Gonzalez can review and analyze your current legal issue and advise you accordingly. His offices are located in Santa Ana and Fullerton. He has represented many individuals with their child support issues in the family courts in Orange, Riverside, San Bernardino, and Los Angeles Counties.

What do you need to show to a family court judge in order to change a Child Custody Order?

In child custody cases, California Family Court judges still need to see persuasive facts to help them determine whether a change of circumstance has occurred that is substantial enough for judges to modify a prior child custody order. That rule has been in place for quite some time now in the area of family law. Attorneys practicing in the field of family law are quite familiar with the rule.

Recently, in a case titled, Christina L. vs. Chauncey B. (September 2014), the Court of Appeal for California for the First Appellate District, ruled on a case coming out of Solano County family court. In that case, the appellate court once again affirmed the importance for the use and application of the change of circumstance rule.

In Christina L., the mother of two children argued successfully to the appellate court that the family court needed to determine whether the father had demonstrated a change of circumstance requiring the family court to modify a prior child custody order which gave legal and physical custody of the children to the mother. The mother and father had had previous family law litigation over the issue of child custody including mother's request for domestic violence orders which were granted to her by the family court in 2004, 2005, 2006, 2008, and 2011. In 2011, the family court awarded sole legal and sole physical custody of the two children to mother. Further, the restraining orders issued in 2011 were in effect for two years and were still effective by the time father brought his case to modify the child custody orders of 2011, as explained below.

In 2013, father then requested modification of the child custody orders of 2011 claiming that the mother had violated the previous restraining orders and further claiming mother made false accusations about him in order to obtain the previous custody orders. Father also claimed that he wanted his two children to have a relationship with another child he had from another relationship. The family court agreed with father's position despite the history of domestic violence perpretated by father and despite current restaining orders in effect. The family court stated that mother did not bring forward enough evidence for the court to show that the safety, welfare, and health of the children would not be met.

HUH?- strange but true; the court made an order giving the parents shared legal and physical custody.

The appellate court disagreed with the family court. The appellate court reversed the order made by the family court. Although the appellate court reversed that decision by examining and ruling about the effects of prior domestic violence orders currently in place, the appellate court also explained that any parent who seeks to modify a previous child custody order must demonstrate changes in circumstances affecting a child that would persuade a family court to change such an order. The parent who seeks to change a child custody order has the burden to prove there exist changes in circumstances.

Family court judges generally are reluctant to change prior child custody orders but will do so only when the changes of circumstances are substantial and there are material facts showing such changes that it would be in the best interest of the child to change a custody order.

Whenever you face legal challenges involving the custody of children, contact the Gonzalez Law Firm for an evaluation and consultation of your legal issue. Attorney David Gonzalez can help you get on the right track of your legal issue. He can effectively represent you and help you get the child custody or visitation order you are seeking. The Gonzalez Law Firm has offices in Santa Ana and Fullerton. He represents clients whose cases are before the family courts in the Lamoreaux Justice Center in Orange, California, the Pomona family court, the Riverside family court, and the Norwalk family court in Los Angeles County. Contact his firm at 1-877-345-2997.