If there are children from the previous marriage, generally, one parent will be given custody of the children. The non-custodial parent will generally be ordered to pay child support. Child support must be paid until the child becomes an adult or graduates from high school. The court will consider many factors when determining the issue of child support. Child support is a complex area of law. Contact Thomas Hogan Law Office.
For a consultation with our expert Modesto Child Support Lawyer call us at (209) 492-9335.
Modesto Child Support: Temporary Support
If you are in a divorce petition and you need urgent support to look after your children, and the court has not yet decided on your child support application, you can apply for temporary support. To obtain an order for temporary support, the petitioning party need to establish that (1) paternity is not contested, (2) the parties are living apart, and (3) one or more children are living with the parent seeking support. If everything is in order, many courts will issue a temporary order, and it does not even matter whether the other parent shows up in court. Contact Thomas Hogan Law Office.
Enforcing Payment on Child Support
While getting a child support order from the court isn’t a difficult task, ensuring that you receive the payments regularly can be difficult. The receiving spouse may have many reasons to worry about getting the child support payments in time – the paying spouse is self-employed or has a sporadic income stream, or is not trustworthy. Each year millions of dollars of child support go uncollected. If your spouse is not paying child support, consult with an experienced child support attorney. The attorney can review your circumstances and advise you on how to enforce the child support order.
If the divorce is not yet completed and the spouses haven’t been to court yet, the spouses may have an informal agreement about support while the divorce is pending. The spouse can also have written it down. But they can’t enforce that agreement unless they go to court and get an order from a judge making it official. So when the paying spouse has stopped paying for necessary expenses, the receiving spouse must go into court right away for a temporary order.
If there is a court order for child support, whether the divorce is final or not, the receiving spouse can enforce the support order if the support check doesn’t arrive. If the order provided for payment to be made through a wage garnishment or through the state child support enforcement agency (or both), the receiving spouse have automatic enforcement help from either the employer or the agency. However if the order merely provides for direct payment from the paying spouse, the receiving spouse will have a lot to do to enforce child support payments. He or she should immediately contact his or her lawyer. Generally the lawyer will issue a notice to the paying spouse demanding payment. If the paying spouse still does not make payment, the receiving spouse must file an application in the court for enforcement of child support order. The court will generally order for wage garnishment to enforce the child support order if the paying spouse has an employer.
Call us for a consultation
Call today for a consultation with our Modesto Child Support Attorneys . Give us a call at (209) 492-9335 and we will schedule a consultation at your convenient time.
Thomas Hogan Law Office Modesto, CA
1207 13th St. #1 Modesto, CA 95354
Tel. No.: (209) 492-9335
Business Hours: Monday to Friday 9AM-6PM