Child Support - support_famlaw_autohelp

Child Support - support_famlaw_autohelp

Child Support - support_famlaw_autohelp

California courts are required to order child support in accordance with child support guidelines, unless the case meets 1 of the few legal exceptions to this rule. One of the exceptions is that the parties agree on a different amount (greater or less) than the guidelines establish, provided it meets certain conditions.

In general, parents can agree on a different amount than the guidelines indicate if:

  • They fully know their rights to child support;
  • You know the amount of support calculated by the guidelines;
  • You are not pressured or forced to accept this amount of child support;
  • They are not receiving public support;
  • They did not apply for public assistance;
  • They agree on an amount of support that will meet the needs of the children;
  • They believe that the agreed amount of child support is in the best interest of their children; and
  • The judge approves the amount of child support agreed between the parents.

Parents can also agree on child support based on guidelines . If they sign a written agreement (a stipulation) for the amount indicated by the guidelines, parents will not have to appear before a judge to decide the amount of child support. They will have to file the agreement with the clerk of the court for the judge to sign it. That way it can be enforced as a court order.

IMPORTANT! If 1 of the parents receives public assistance (such as TANF), the local child support agency must agree and sign the agreement between the parents. The local child support agency also has to sign the agreement if the agency is involved in a case to enforce the child support order.

Your court's family law assistant can help both parents reach a written child support agreement.
To write a child support agreement:

1. Calculate how much child support will be in accordance with the guidelines. Before the judge can sign an agreement between parents for a child support amount that is lower or higher than the one established by the guidelines, he must know first how much would be the amount set by the guidelines.

To calculate the amount of guidelines, you can:

  • Ask your county family law assistant. He will be able to do the calculation and tell you how much the amount is.
  • You can calculate the amount with the California Child Support Guidelines calculator. To find out how to fill out the data on the child support calculator, download the User Guide. Calculating the amount of child support can be complicated, especially if you have never done it before. If you are going to figure it out for yourself, you may want to ask an attorney or family law clerk to verify your calculation.

2. Agree on amount and other matters Part of being fully informed of your rights to child support is knowing the amount set by the guidelines. So if you agree with the other parent to pay more or receive less than what the guidelines indicate, you will do so voluntarily and with all the information at your fingertips.

Imagen titulada Metodo 1 3
Child Support - support_famlaw_autohelp

Expenses related to children in general are shared equally, or proportionally to the income of each parent when there is a large difference between the parents' income, but parents can agree on any distribution

And you have to decide how the child support payments will be made: directly between the parents, directly to the parent who is to receive child support, or for salary.

3. Enter your agreement Use the Stipulation to establish or modify child support and order (form FL-350) (in Spanish). The form guides you through all the issues you have to resolve in your agreement, so you have to read it carefully.

It is important that you use the correct case number (if you already have an open case) . If you do not have an open case, you will have to initiate 1 case to be able to file the agreement as part of the case. Click to find out what kind of case you have to open in your situation.

Please note that in this agreement, you are committing to keep abreast of any changes in income, employment, or the address of each parent.

If you need help writing your agreement, ask the family law wizard. Or, if you wrote the agreement for yourself, ask the family law assistant to verify that you did it correctly.

5. Give your Stipulation to the court for the judge to sign. Ask the court clerk if you need to make copies and hand them in with the original, or simply deliver the original and make copies later. The procedures for filing the stipulation will be a bit different between courts, so do not forget to ask your local court clerk what to do and when to return to pick up your documents.

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