San Jose Child Support Lawyer

Seabrook Law Offices helps parents negotiate child support orders and modify existing agreements.

Child Support in San Jose

Divorces and separations are more complicated when children are involved. You want to make sure that your kids enjoy the same standard of living they had during the marriage, so child support might be necessary. Our San Jose child support lawyer can assist you if you’re going through an annulment, separation, or divorce. Additionally, we can help if you need to obtain child support as a result of a paternity action.

Sometimes, support orders can be negotiated outside of the courtroom. However, we will also prepare to present the case in front of a judge if needed. In both instances, we will advocate for the interests of your children so they can receive the financial support needed in both homes.

How is Child Support Calculated?

Family courts consider various factors when determining the amount necessary for child support. The factors include:

  • Income
  • Cost of childcare
  • Number of children
  • Children outside of the relationship
  • Medical bills
  • Mandatory union and retirement contributions
  • Health insurance
  • Educational expenses
  • Time spent with the child
  • Standard of living during the marriage

Negotiating Child Support

While you can let a judge decide on the amount of child support, many parents prefer to negotiate the support order. Our San Jose child support lawyer can meet with you and the other party to come up with an agreement. Then, instead of simply following a formula, you can create an agreement that meets the needs of all parties, including the children. Through the negotiation, you can determine the amount of support, frequency of payments, and the duration of the support order.

Once you come to an agreement, your attorney will get it in writing and have both parties sign it. Then, your lawyer will submit it to a judge for final review and approval. The judge will make sure that the agreement is fair and within the law. Next, the judge will either grant or deny the order. If granted, the order will go into effect immediately.

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Practice Areas - Family Law Firm, San Jose - Seabrook Law Offices
Practice Areas - Family Law Firm, San Jose - Seabrook Law Offices

New Partner Income And Child Support

At some point, one or both parties will likely enter into new relationships. In most cases, the court does not consider the new partner’s income when determining child support. However, it can consider it if failing to do so will cause severe hardship. Also, the court might include the partner’s income if one party is voluntarily unemployed or underemployed. If that occurs and he or she relies solely or heavily on the new partner’s income, the court can use it when calculating support payments.

In this instance, the new partner will likely be required to submit a 1099 or W-2 to the court. Then, the court will calculate the new payment. If you’re unsure how a new partner’s income will impact an existing or upcoming order, consult with a San Jose child support lawyer.

Modifying Child Support

If you’ve experienced a significant change in circumstances, your San Jose child support lawyer can help you request a modification. For example, if you have become disabled and can no longer work, you can ask to pay less in support. On the other hand, if the other party has received a promotion and substantial raise, you can request to receive more each month. Your attorney will open a case and request the modification through the local child support agency. If denied, your attorney can escalate it to the court, where a judge will hear the evidence and issue a ruling.

How Long Does Child Support Last?

Generally, child support orders last until the child turns 18. However, there are some cases when child support ends early or is extended. For example, if your child gets married or joins the military, you can take action to end the order. Consult with a San Jose child support lawyer to learn more about how long your order will last. You can also discuss options if you would like to continue financial support to help with college tuition. In this case, you’ll need to create an additional legal agreement.

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