What to Discuss with You Child Support Lawyer in Carlsbad, CA

by | Jul 25, 2019 | Legal Services

In California, parents are required by state laws to support their children. Any failure to provide child support leads to criminal penalties. The calculations for the child support payments are based on the earning capacity of both parents. A Child Support Lawyer in Carlsbad, CA can provide information about child support and explain what parents can expect.

What Happens If a Parent Receives Payments from DCSS?

The Department of Child Support Services offers financial assistance for mothers who don’t receive monthly child support payments. Once the benefits start, the agency will start a case for the child. Once the biological father is identified, the agency has the right to start a claim against the father. Under the current laws, the defendant is required to start repaying the support payments to the agency, or legal actions will be taken against them.

If the father identified isn’t the biological father, the defendant has a right to seek damages through the court. However, he is required to provide DNA for testing to substantiate his claim.

Can Mothers Receive Court-Ordered Child Support If They Didn’t Marry the Father?

Yes, the mother can receive court-ordered child support after they prove the father’s paternity. If they don’t prove that the man is the father, the court won’t approve any type of child support.

Who Pays Child Support in California?

In some cases, the court requires both parents to pay child support. The court requires a balance of support payments for ensuring each parent does their part to support the child. The duration of time in which the child lives with each parent determines how much child support is paid in the cases. However, the laws don’t guarantee that both parents are required to pay child support.

In California, parents pay child support payments according to the most recent laws. Each parent must fulfill their responsibilities to the child by submitting the payments. The courts can make both parents pay child support if they spend equal time with the child. The laws require the mother to establish paternity if she didn’t marry the father. Parents who need more information about the payments can contact a child support lawyer in Carlsbad, CA or schedule an appointment right now.