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When parents are ordered to pay child support in California, it must be adhered to under the law. If it is not, there are alternatives that the state can use to collect. This includes withholding income, also known as a wage assignment. With a wage assignment, the employer of the supporting parent will be required to deduct money from the paycheck to make the payments. This will be based on the most recent court order, but it can rise if the amount owed rises. The point of a wage assignment is to ensure that the child is receiving the support that he or she is supposed to. It is also beneficial to the paying parent because it creates a clear payment record, which can be important in broader family law matters. The wage assignment will continue until the parent is current on the child support. People are often concerned that a wage assignment can cost them their job. This should not be a worry as it is illegal for an employer to dismiss an employee because of a wage assignment. The employer must carry out a wage assignment if it is ordered. Failure to do so can result in the employer being held in contempt of court. The employer is provided with instructions to deduct the payments, but it is up to the parent to make certain that they are made on time and in full. There will be a child support statement and this can be compared to payment records to make sure the parent is credited for making the payments. In general, as much as half the net wages can be taken from the person to pay child support. If it is a special circumstance, as much as 65 percent can be taken. If the support order comes to more than half of the net income, the entire amount of child support will not be covered and the person will have to pay the difference. It might be possible to change the order if it comes to more than 50 percent of the parent’s net income, especially when related parenting or financial circumstances are also changing and require review by a child custody attorney in Arcadia. If the parent gets a different job or becomes unemployed, the child support agency must be informed. Whether the parent is working or not, the child support must still be paid. Numerous family legal issues and seemingly endless dispute can arise due to problems with child support. People who have concerns about paying or receiving child support must understand wage assignments. Speaking to an attorney experienced in these family law cases is key.

On behalf of Mohajer Law Firm, APC posted in family law on Friday, April 28, 2017. When there is an order for child support in California, circumstances can arise in which it can be modified. This can be requested by the custodial parent who is receiving support or the noncustodial parent who is paying support. Parents who are in a situation in which they believe that a child support modification is warranted should understand the criteria that the state uses to decide. The child support order can be modified if one of the following issues is in place: there is a significant increase or decrease in the earnings of either parent; there was a change in custody or in the amount of time the child spends with each parent; one of the parents is in the military or has been deployed, which may require guidance from a military divorce lawyer in Arcadia; or there was a change in any other matter that would influence the guideline calculation. When the request to modify the order of support is made, it must be in writing with the list of reasons as to why there should be a change. The modification can be justified if it will change the support order by $50 or 20 percent, whichever is lower. The agency will review the order if there is a significant change in the circumstances of a parent such as job loss, a new job or the custody and visitation being changed. If a person chooses to quit a job, that does not qualify as a reason for there to be a review. If it is decided that the modification should be made, the court will be asked to make the change. The agency will have six months to ask for the change. The parent seeking modification should provide the following information: income and expenses, child-care costs, medical insurance coverage, unemployment information, jail or incarceration status, the arrangement for visitation and custody, and any other information that may be relevant. If the agency decides that there should not be a review, the parent can ask the court to review it. Parents who agree that the order should be changed can file that with the court. For parents who believe that a child support modification is necessary, it is wise to discuss the matter with an experienced legal professional. These family law issues can be complex and rife with dispute, and it is often a mistake to address them without help. If you need guidance, please use our contact form to speak with our team.

When family legal issues arise in Los Angeles, one of the most important factors in settling them in a satisfactory manner is to have competent legal advice. In some instances, people are under the impression that they can handle the matter themselves and save some money and time by doing so. This may be a mistake. Given the litany of issues that will inevitably arise with finances, division of property, custody, child support, spousal maintenance and factors that will be in dispute, having a lawyer can be essential. With a divorce, people can be at their emotional threshold and not know where to turn. Some divorces are contentious while others are amicable. Many are in between, with the couple needing to maintain some semblance of a cordial relationship because of children, but still harboring hard feelings from the breakdown of the relationship. Rare is the divorce in which the couple parts ways and no longer needs to have contact with one another at all. All the circumstances of a divorce must be weighed and considered. In some instances, mediation might be a sound alternative to court. With mediation, the couple can negotiate, agree and perhaps part ways sans rancor. Property can have significant value or cost. If one spouse has purchased property and it has appreciated in value or there was an item that is a financial albatross, this could come into dispute. Perhaps there is a business that one claims to have the right to retain while the other believes should be split. This can escalate quickly. Children can lead to emotional turmoil. There might be a dispute over custody, visitation could be at stake, a parent could be accused of abusive behavior sparking an attempt to avoid having contact or a custodial parent often wants to move to a different location. Regardless of the situation, people who are having family legal issues must protect themselves. Discussing the matter with an attorney — such as attorney Sina Mohajer at Mohajer Law Firm, APC — who practices in all aspects of family law in Los Angeles can one of the most important calls to make at any juncture in the case and to address any family situation.