Best Child Support Lawyers in Fresno

About Child Support Law in Fresno, United States

Child support laws in Fresno, California, are designed to ensure that children receive adequate financial support from both parents, regardless of whether the parents are married, divorced, or never married. When parents do not live together, California law generally requires the non-custodial parent to provide regular monetary support for the child's living expenses. The goal is to secure a child's well-being by maintaining their standard of living after a separation or divorce. The Fresno County Superior Court and the Fresno County Department of Child Support Services (DCSS) oversee child support cases in the area.

Why You May Need a Lawyer

Navigating child support matters can be complex and emotionally challenging. You may need a lawyer if you are facing any of the following situations:

• You are unsure how much child support you may owe or are eligible to receive.
• You need to establish or challenge the paternity of a child.
• The other parent is not paying the agreed or court-ordered child support.
• Your financial situation has changed and you need a modification to your child support order.
• You are involved in complicated custody, visitation, or interstate child support matters.
• There are disputes about arrears or unpaid support amounts.
• You want to ensure enforcement of child support or defend against unjust collection actions.
• You need guidance on how child support affects your taxes or other legal matters.

A lawyer can help you understand your rights and obligations, represent you in court, and negotiate on your behalf to reach a fair and lawful outcome.

Local Laws Overview

In Fresno, child support is governed by California state law, specifically the California Family Code. The key aspects relevant to local child support cases include:

• Child Support Guidelines: California uses a statewide formula (the "guideline calculation") to determine the correct amount of child support. This formula considers each parent's income, the amount of time each parent spends with the child, and certain expenses like health insurance and child care.
• Establishing Child Support: Child support can be established as part of a divorce, legal separation, or paternity action. The DCSS can help set up support orders, even if parents were never married.
• Enforcement: The DCSS has multiple tools for enforcing child support, such as wage garnishments, bank levies, and driver's license suspensions.
• Modification: Either parent can request a review of the child support order if there is a significant change in circumstances, such as job loss, change in custody, or changes in the child's needs.
• Duration of Support: Generally, support must be paid until the child turns 18, or 19 if they are still in high school full-time and living at home.
• Healthcare Expenses: Both parents may be ordered to contribute to uninsured healthcare costs in addition to regular support.

Frequently Asked Questions

How is child support calculated in Fresno?

Child support is calculated using a formula that considers each parent's income, how much time the child spends with each parent, and certain allowable expenses. The Fresno County DCSS and California courts use this formula to ensure fair and consistent support amounts.

Who can request child support services?

Either parent or legal guardian can request child support services from the Fresno County Department of Child Support Services. You do not need to have been married to the other parent.

Do I need to establish parentage to get child support?

Yes, parentage must be established before a child support order can be issued if the parents were not married when the child was born. This can be done voluntarily or through court proceedings.

What happens if the other parent does not pay child support?

The Fresno County DCSS has enforcement options such as wage garnishment, bank account levies, and even suspension of driver's licenses to collect past-due support.

Can I modify an existing child support order?

Yes, either parent can ask for a modification if there is a significant change in circumstances, such as a job loss, change in custody, or increased costs for the child.

Does child support cover medical expenses?

Child support orders usually require parents to share the cost of health insurance and may also require payment for uninsured medical or dental expenses in addition to standard support.

How long does child support last?

Child support generally lasts until the child turns 18, or 19 if still in high school full-time and living at home. In some cases, support can end earlier or extend longer by court order.

What if I do not know where the other parent lives?

The DCSS can help locate the other parent for the purposes of establishing paternity and securing child support, using various state and federal resources.

Will child support affect my taxes?

Child support payments are not taxable income for the parent receiving payments, and they are not tax-deductible for the parent paying support. Other tax issues, such as claiming the child as a dependent, may still apply.

Can child support be enforced if the other parent lives out of state?

Yes, California works with other states to enforce child support orders through the Uniform Interstate Family Support Act. The DCSS can help with interstate enforcement.

Additional Resources

Several organizations and governmental bodies can assist Fresno residents with child support questions and services:

• Fresno County Department of Child Support Services (DCSS): Provides case management, enforcement, and support calculations.
• Fresno County Superior Court Family Law Division: Handles child support hearings, order modifications, and enforcement actions.
• California Department of Child Support Services: Offers statewide resources and information on child support laws and processes.
• Legal Aid Organizations: Central California Legal Services and other non-profits provide legal education and, in some cases, direct assistance to low-income families.
• Self-Help Centers: The Fresno courthouse often has a Family Law Facilitator’s Office or Self-Help Center for information and basic assistance.

Next Steps

If you need legal assistance with a child support issue in Fresno, consider the following steps:

1. Contact the Fresno County DCSS to open or review a case or to seek enforcement.
2. Visit the Fresno County Superior Court website or Self-Help Center for forms and instructions.
3. Consider consulting with a family law attorney, especially if your situation involves high conflict, complex finances, or modifications.
4. Gather all relevant documents, such as income statements, proof of expenses, and prior court orders, for your consultation.
5. Ask about free or low-cost legal aid if you have limited financial resources.

With the right information and assistance, you can protect your rights and the interests of your child throughout the child support process in Fresno.