Whittier, CA (PRWEB) August 24, 2008
California family law firm Schuster Family Law discusses the myths, the truths and the tips about paying child support in California.
The Myths -- "When it comes to paying child support, there is seldom agreement," said Dennis Schuster, founder of Schuster Family Law. "Mothers and fathers will either claim they cannot pay the support ordered by the court or that they cannot live on the support ordered by the court. Paying child support is never an easy aspect of divorce proceedings."
According to Schuster, this is because people hear so many different stories regarding child support. On one hand, there are the stories how one person paid little or nothing toward child support; on the other hand, there are also stories how another person got a large amount of money for child support.
The Truth -- The truth of the matter, says Schuster, is that child support is regulated by a complex formula established by the State of California.
"Support is usually based upon all gross income (including overtime and bonuses) for the past 12 months of both parties, number of children, percentage of time each child is with parent," said Schuster.
He explained that the court will allow certain hardship deductions, such as an unusual medical expenses; however, the court ordinarily doesn't take into account a person's monthly living expenses.
Schuster notes that when it comes to paying child support, there is often not a lot of room for negotiation, so the parties must accept whatever the judge orders.
--Most important, the person who pays must pay.
---If the payer doesn't pay, the amount owed will accrue 10% interest per year.
---Child support cannot be discharged in bankruptcy.
--With the exception of money owed to a County Department of Child Support Services for AFDC, there is no statute of limitations on child support.
--To protect yourself, insist on a wage assignment order attaching your wages. It's proof you paid.
--When obtaining a child support order, it's important the amount for each child be clearly indicated, so this amount will be automatically reduced once the child becomes an adult.
About Schuster Family Law
Schuster Family Law is a California family law firm that handles divorce and adoption cases. Schuster is also developing a unique niche in representing parents whose children need special education. For more information, visit: http://www.schusterfamilylaw.com