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If you are involved in a child support case, you and the other parent can agree on the amount of child support you will be paying. But one thing you can’t do is waive child support entirely. There is also a set amount used as a guideline, but you don’t have to agree to that amount. What you and the other parent decide can be above or below, just as long as you agree. There are specific reasons that you can’t waive child support, with the biggest one being public policy. Public Policy and Child Support Right now, the other parent might not need any financial help. Maybe they have a great job or significant stock market investments. But what if they fall on hard times, or something happens to cause a lot of extra expenses for the child you helped bring into this world? Maybe there is a medical issue, or the child, or other parents are in some accident. No matter what causes the problem, the other parent may genuinely need financial help for your shared child. If that happens and there’s no child support, the obligation falls to the state. Programs like Medicaid are designed to help people who aren’t making enough money to get proper medical care or food. Child support can never be waived because it would require the state to step in and help out via Medicaid, food stamps, and related social programs. Instead, the other parent should be paying to help cover the costs of the child. Following the Guidelines Isn’t Required The good thing about the guidelines for child support is that they are just guidelines. You and the other parent can agree to a higher or lower amount. You can even decide on a zero dollar value if both of you are fine with that. But keep in mind that could be temporary. If the other parent’s circumstances change in the future, or yours do, you may see that other parent back in court, asking to have the child support modified to a higher dollar figure. By agreeing to a lower amount now, you could be setting yourself up for higher payments later. You don’t want those higher payments to become a problem for you in the future when you’re trying to buy a home, invest, or begin a new relationship. It’s often better to avoid agreeing on a too low figure, even if it seems pleasant. Ready to discuss your child support case and options? Reach out to Mohajer Law Firm today, and let’s talk about the decisions you need to make. Agreeing on child support can make things easier for you and the other parent, but only if it’s an agreement that benefits both you and your child. We can help you make sound decisions to have peace of mind regarding your child support obligation. [yotuwp type=”keyword” id=”https://youtu.be/NIdr0_IKQAU” ]

If you have a child support order and worry about the amount or other details, remember that child support orders are temporary. They aren’t permanent, and they’re always subject to change. There are a lot of factors that can go into determining child support. Sometimes those factors change for you or the other parent. Making child support orders permanent could cause a big problem for both parents in the future. So, there would have to be provisions to adjust them. Making Modifications the Right Way Making any modifications to your child support order has to be handled legally through the court system. Some common reasons for modifications can be a significant change in income for one or both parents or an increase or decrease in parenting time. But it’s essential that you and the other parent don’t just verbally agree to these changes. If you do that, and there are problems later, you don’t have the legal standing and proof you need. You could violate your child support order. Whether you and the other parent agree on some changes, or you need to ask the court to make adjustments for your new circumstances, you always want to go through legal channels for any change to a child support order. Especially for changes that you and the other parent can’t agree on, getting an attorney to represent your interests can reduce the chance of being denied a child support adjustment. What if You Lose Your Job? Losing your job might seem like an automatic adjustment to child support, but that’s a common misconception. You’ll still need to go to court, show evidence that you no longer have a job, and ask the court to reduce the amount or terminate the child support order. Until and unless the court does that, you’re still obligated for that monthly payment every month. In short, petition the court for any changes you or the other parent want to make to a child support order and do it right away if job loss is involved. Depending on your other assets and the circumstances around your job loss, the court may still want you to pay child support. That could be a reduced amount, but it’s still important to make sure you have the means to pay what’s being required of you. Going to court with a job loss and no legal representation may put you at risk. Need to talk about making adjustments to a child support agreement? Reach out to Mohajer Law Firm today. We can help you address any concerns you have and talk about the options for your case. Every situation is different and unique, which is why you want to make sure you have an attorney on your side. With a free initial consultation, you can better understand the likely outcome of petitioning the court for a child support order modification. [yotuwp type=”videos” id=”Du-2l9SjiI4″ ]

One of the most common questions family law attorneys get is how is child support calculated? The biggest “secret” to answer that question is that no one knows. Why? Because computer software is used to make the calculations so that people don’t have to. That helps ensure that the calculations are accurate, and the correct formula means that the children’s custodial parent will receive a fair amount, based on the situation. Family Court and the Department of Child Support Services There are two software options for calculating child support. In family court, attorneys use a software called Dissomaster. The Department of Child Support Services has specific software that belongs to them. It’s very similar to the option used in family court but not identical. Getting a good idea of how much you’ll be asked to pay or how much you’ll be receiving can be an excellent starting point for understanding child support in your specific case. While there are some set guidelines, every situation is unique, and both parents will want to have the proper knowledge of child support calculations for their children and finances. The most crucial aspect of any software used to calculate child support is understanding what goes into the specific calculations. What Goes Into a Child Support Calculation Getting the correct child support number comes through using the right data. If you’re only looking at the money you need or want to pay, you aren’t getting the entire picture. Even if you consider your income vs the other parent’s income, it’s not just about how much you both make. Other considerations go into the calculations for proper, equitable child support. Several factors are always included, with the biggest ones being: Your income vs the other parent’s income Your custodial split and how much of the time you have your children Whether one parent has the individual responsibility for medical expenses or insurance How many tax exemptions you file Whether you file your taxes as head of household, single, or married However, these aren’t the only factors that matter when calculating child support. Other issues can come into play, depending on your unique situation. If you’re not sure which factors are accurate or essential in your case, you may make assumptions about the amount you’ll be paying or receiving that aren’t accurate. That could cause a problem when you go to court since what you expect and what happens won’t be the same. Work With a Trusted Attorney Contact us today at the Mohajer Law Firm, and let us help with how your child support is calculated. We can calculate a projected amount to know how much you should be paying or receiving. Working with a seasoned family law attorney is the best way to get the information and guidance you need to help with your child support questions. The initial consultation is free, and you can get the answers you’re looking for. [yotuwp type=”videos” id=”R73p1ndaM9Q” ]

You may feel overwhelmed if you’ve been served with the initial pleading in a child support case. But it doesn’t have to be that way. You can navigate through the case and reach a successful resolution with the proper legal support. You’ll notice that the initial paperwork was brought by an agency, the Department of Child support Services. So, does that mean the agency opened the case or did the other parent open the case? The answer is, it depends. Here’s what to know. Government Assistance Affects the Case If the other parent receives government assistance, the state will automatically open the child support case. Parents who aren’t receiving any help from the government can also open an issue. They will call the state and request that the case is opened. In those instances, the other parent would be the driving force in requesting child support. For anyone who’s already getting financial help from the government, though, the agency will be looking to make sure child support is received. Thoroughly Review the Initial Pleading Anyone served with an initial pleading in a child support case should thoroughly read through it. It’s crucial that you take a careful look and don’t just skim it. One of the main reasons for looking it all over is a proposed judgment. In other words, that’s a basic idea of how much the agency will be requesting that you pay in child support. Based on your current financial circumstances, the amount may seem fair to you, or it may be much more than what you can comfortably pay. You have a statutory time period of 30 days to respond to the initial pleading. If you don’t agree with the amount of child support you’re being asked to pay or other extenuating circumstances you need to address, you’ll want to start responding quickly. An attorney can help you do that and provide you with peace of mind as you move through the process. Working with a legal professional will also help ensure that your rights are fully protected. Reach Out for Trusted Help Today Reach out to us at the Mohajer Law Firm, and let’s talk about your child support case. We understand that receiving an initial pleading can be stressful, especially if the proposed judgment amount is high. But with legal representation, you can feel confident that your interests are adequately represented. That will provide you with a feeling of security. Still, it will help ensure that any child support you have to pay is the right amount for your financial situation and legal responsibilities going forward.

Parents who are in the initial stages of divorce have many questions about child custody matters. Although various state statutes indeed play a role in how the courts determine parental custody, all 50 states operate under the standard of “the best interests of the child.” This standard is open to interpretation by different judges, but the following factors affect Child or spousal support.  The Living Situation of Each Parent The living situation of each parent speaks to the stability that each parent can provide the children. Judges look more favorably on parents with secure homes, steady jobs, and homes with enough room to accommodate the needs of the children. Suppose either parent remains in the family home and is committed to staying there for the foreseeable future. In that case, courts may choose to grant custody to this person if all else is equal. The reasoning behind this is to cause as little disruption as possible in the lives of the children. The Relationship of Each Parent With the Children The court will examine the pre-divorce relationship the children had with each parent before filing divorce proceedings. Although most parents love their children, some develop stronger bonds with their children than others. and judges tend to award custody to these parents. Because parents may try to win over their children during divorce proceedings when they previously had little time for them, courts tend to look into the family’s history rather than at what’s currently going on. The Preferences of the Children In the case of older children, the judge may talk with each one privately to determine which parent the child would prefer to live with. In California, judges must give weight to the preferences of children who are at least 14 years of age. The Presence of Abuse or Neglect  California courts typically deny the custody petitions of parents who have a history of neglect or abuse regarding their children. Because some parents may attempt to sway the court’s opinion during custody disputes, courts generally require substantiation beyond the word of the other parent. The History of Alcohol or Drug Abuse on the Part of Either Parent California courts also consider whether either parent is currently abusing alcohol or drugs or has a history of doing so. As with abuse or neglect, opposing parents sometimes make false allegations to influence the judge against the other parent. For this reason, courts usually only consider documented evidence such as a history of DUI arrests or illegal drug charges. California law recognizes two types of custody, legal and physical. Divorcing parents are encouraged to share both kinds whenever possible. However, those who can’t reach an agreement should contact us for a detailed discussion of the situation and explore their options. [yotuwp type=”videos” id=”PzGqIXo0NE4″ ]

If you’re getting a divorce and have children, it’s essential to show that you have an active role in your child’s life. One of the most common mistakes I see in a custody battle is not being active in your child’s life. No one questions that you love your children. However, being involved in their lives is something else. You might take your child to a game, but do you know your child’s doctor’s name? Their teacher’s name? What grade they’re in? All of these can help you win custody.  Decision Making When a judge decides what is in the child’s best interests, they have very little to go on. The judge can make a better decision by understanding how involved you are with the child. The judge will do this by asking all the questions listed above. If you do not know the answers to those questions, the court will think you do not have any involvement in their life. Suppose the court is trying to decide between supervised or unsupervised visitation. In that case, this information might determine how much you are involved in your child’s life. How Much You Need to Know Knowing a lot about your children shows the court that you not only love your children, but you care about them. It shows the court that you are part of the decision-making process for school, religion, medical care, and other decisions you and your former spouse would typically have made together.  You should know everything about your children, including what time he starts and gets out of school, her hobbies, what he is learning in school and more. Knowing information, such as your child’s next doctor’s appointment, also shows that you are paying attention to your child, even when she is not in your physical custody. Because the court looks out for the best interests of the minor children, it will look for clues such as this to learn just how much time you invest in your children.  Contact an Arcadia Famly Lawyer If you are going through a divorce and you have children, you want reasonable co-parenting time, and you want to be involved in the decisions that affect your children’s lives. You are more likely to get an order from the court forcing your spouse to include you in meaningful choices if you are already active in your children’s lives.  When you are having difficulty obtaining fair time-sharing with your children, an Arcadia family lawyer could help you ensure you’re involved in making decisions for your children.  If you are going through a divorce and believe that your spouse will fight you on a time-sharing or decision-making process, do not wait to seek legal help. Contact us and schedule a free consultation.  [yotuwp type=”videos” id=”pnxSLMLdUzs” ]

The most common mistake made during custody battle is denying the other parent visitation with the kids. Barring extenuating circumstances, staying on the parenting schedule is in the best interest of the kids and beneficial to the case. So, when there are no issues, sticking with the plan is a must, even though it’s undoubtedly tricky for both parents to navigate. Want to avoid this common mistake? Here’s what you need to know.  Why Kids Need Time with Both Parents  Divorce shakes up children’s lives as their parents go their separate ways, and they’re left stuck in the middle. As their daily routine falls to the wayside, their sense of security goes with it. In response, they may start to act out at home and school, resulting in even more challenges.  By giving kids time with both parents, it’s possible to mitigate the impact on kids’ daily lives and sense of security. As they enjoy having plenty of time with both parents, children often cope better with the divorce and even enjoy better mental health. Their ability to focus on school and make friends improves, helping them come out of the divorce healthy and happy.  Courts Demand Parents Focus on the Child’s Best Interests  During custody battles, the court system always maintains a strict focus on the child’s best interests. The judge weighs every decision with that in mind and does not favor parents who don’t share the same priority.  So, when parents commit the most common mistake made during custody battle without a good reason, they may not get the results they seek. Instead, the court may rule in the other parent’s favor, especially if they show a better understanding of their child’s needs.  Acceptable Reasons to Fight Against Visitation  The only time the courts won’t look down on you for trying to prevent visitation is if you’re looking to protect the safety and wellbeing of your children. If the other parent is physically or emotionally abusive to your kids, for example, then the court will understand that you’re acting in your child’s best interest.  Unfortunately, even in those circumstances, you cannot outright halt visitation with the other parent if it’s court-ordered. At that point, you must fight for a revision to your parenting plan or seek sole custody through the courts.  Need Help with Your Custody Battle? Contact Our Arcadia Law Firm Today  If you’d like help navigating your child custody case, give our Arcadia law firm a call at 626-569-5200 to set up a free consultation. At Mohajer Law Firm, we focus on getting great results for our clients while keeping the children’s best interests at heart all along the way. So, please feel free to give us a call at your convenience, so we can discuss your case and find the best way forward. [yotuwp type=”videos” id=”Pc-oMQFxtgQ” ]

If you have kids and are in the process of a separation or divorce, you have to create a parenting plan. However, some marriages can be complex, and the spouses cannot agree on parenting issues. You both love your kids but have other problems. Whatever the reason, you need to do what is in the children’s best interests. Finding an Attorney The first step is to find an attorney who has experience in working with families with children. It would be best to feel comfortable with the attorney since you are putting the outcome of the parenting plan in your attorney’s hands. The attorneys at the Mohajer Law Firm, APC, have experience dealing with contentious divorce situations involving children. Furthermore, Sina Mohajer has children of his own, so he knows how important it is for you to have a fair time-sharing schedule and input into your children’s schooling, doctors, and their daily lives. “Request for Order” for a Parenting Plan  The courts understand that divorce can take some time, and they don’t want to keep you away from your kids. If your spouse refuses to agree on time-sharing and other issues involving the children, you can file a Request for Order (RFO). The court will not make you wait to see your children during the divorce process.  The court will hear testimony regarding your situation and determine what is in the children’s best interests. The outcome could be:  The court finds that both parents are capable and willing to care for the children. It will order a fair time-sharing schedule, including input from both parents for significant choices in the child’s life.  The court finds that one parent has substance abuse issues or other issues. The court will look at what is in the best interests of the children before making a ruling. The court might order supervised visitation if it finds evidence that the spouse is stable.  The court finds that one parent is abusive toward the other, but not to the children. The court might order a fair time-sharing schedule or supervised visitation.   The court finds that one parent is abusive toward the children. Regardless of the importance of children spending time with both parents, it is not in their best interest to be with a parent that abuses them. While the court will do what it thinks is the correct action for your situation, child abuse warrants supervised visitation.  In severe cases, the court might award one parent full custody of the children and order the other parent to have supervised visitation and obtain help for their violent tendencies. Once the abusive parent proves that they are no longer a threat, the newly calm parent has the option to petition the court for regular time-sharing. If you need a family lawyer, contact Mohajer Law Firm, APC, for a free consultation. [yotuwp type=”videos” id=”DgCZ_ldyPOw” ]