Hire A Premier Law Firm to Passionately Helping You With Both New and Modification Of Child Support Orders
An experienced San Diego Child Support attorney can make a big difference in your San Diego child support or modification case. “I believed that the children are our future”, is part of the lyrics of a popular song. If the future and the next generation belong to the children it’s no wonder why the field of law, especially Family Law give special care and safeguards for children.
Under International Law, there is the International Convention on The Right of the Child. While under U.S. domestic law specifically in the State of California there is the California Family Code pertaining to a child’s care, custody, and support.
This being the case all California child support cases are governed by law since every matter concerning a child is imbued with public interest.
In the scheme of things the State can exercise its role under the doctrine of parens patriae to be the guardian of persons who need special supports and protection like the children
Child Support Laws Explained
In the field of Family Law and by reason of public policy, child support is the continuing and periodic payment made by parents for the benefit of a child or children. Supports comprise everything that is indispensable for the sustenance, dwelling, clothing, medical attendance, education, transportation and other need of the child or children.
Under the law, a “child” is a person below 18 years of age. The parent or obligor under the law is the person who has the duty to give support. While the child or the obligee is the person to whom the support is given.
An action or suit for child support is an action in personam or those cases filed in court directed against a particular person or persons. A child support action may be filed independently in court or as an incident in the principal action for nullity of marriage or action for legal separation.
Whether as an independent action or as a mere incident of the principal action for the nullity of marriage or petition for legal separation the intervention of the court through its judgment or order is always necessary.
The Amount of Support Needed and the Financial Capacity of The Giver
Just like any other case you need to file the necessary pleadings to invoke the jurisdiction of the court. One of the material allegations you need to plead and allege is the amount of the financial need of the child or children to be supported. Additionally, you need to prove or substantiate the allegation on this point.
The court would also look into the financial capacity or ability of the parent or person to give support usually through the documents to be submitted by the defendant such as tax documents.
It is the general rule of law that both parents ought to give support to their children as a matter of course and as part of parental responsibility.
These are only some of the pointers you need to know about the California Child Support Law. However, an in-depth legal analysis of your particular situation would require the help and assistance of a Child Support Lawyer who has both the legal knowledge and actual experience on the technicality and the intricacies of family law.
Contact an Top, Best Attorney To Represent You With New or Modification Orders of San Diego Child Support Today!
A lawyer can help you with a new child modification or a new one so call directly 619-373-1482 to get connected with one.