California Family Code 4057

California Family Code 4057 Attorney

When a couple who shares children faces a divorce or other means of separation, one of the most contentious issues that can arise is that of child support. To ensure fairness and a sense of equality, California follows a certain set of guidelines for child support calculations. However, the state understands that there may be some circumstances that call for a deviation from these guidelines. California Family Code 4057 lists these exceptions.

In cases where parents cannot reach an agreement on child support, a judge will be appointed to make a decision based on certain factors that are shared between the parents. However, if there is a justifiable reason, the judge can lower or heighten the amount of child support deemed necessary, even if it is outside the calculation guidelines. It is wise, in these situations, to retain a child support attorney to make sure the judge still rules in the interest of the child.

What Is California Family Code 4057?

California operates under very strict guidelines that allow judges to calculate how much child support to award the custodial parent in cases of divorce, separation, or other forms of parentage determination. They normally only do so when the parents cannot reach an agreement on their own. However, the courts understand that there may be a need to act outside these guidelines, as they may be considered unfair or unreasonable in specific cases.

Under California Family Code 4057, certain circumstances are outlined in which a judge can significantly lower or heighten a child support award beyond the typical calculations. These circumstances can include, but are not limited to, the following:

• The parents have reached an agreement on the child support amount outside of court, and this amount has been subsequently approved by the court.
• The children in question have specific special needs that call for a higher amount of financial support to be paid from the non-custodial parent.
• The parent who must pay the child support is required to pay an amount that would end up exceeding the actual needs of the child.
• One of the parents is not financially contributing to the needs of their child in an equal amount to the custodial time spent with that child.
• The paying parent makes a large amount of income and, based on the normal calculations, their payment would far exceed the actual and basic needs of the child.
• The child is found to have more than two parents.
• The parents have differing time-sharing agreements, as they pertain to different children.

Quinn & Dworakowski, LLP: Your Orange County Child Support Attorneys

If you are undertaking a messy child support battle and want to know more about your rights and those of your child, the attorneys at Quinn & Dworakowski, LLP, can help. With over 30 years of experience in the area of family law, we can uphold your rights as a parent and make sure the court rules in the interest of your child.

If you may be due more child support than what the general calculations allow, we can help you take your case to court under Family Code 4057. Likewise, if the amount of child support you are paying is too high, based on the calculations or your income level, we can help you make this determination and take your findings before a judge.

How California Calculates Child Support

If the parents of the children in question cannot agree on a child support amount out of court, they can bring their case before a judge. The judge will then determine a fair child support amount based on certain factors and a calculation outlined in state law. This calculation is often based on the income of the parents, their time-sharing arrangement, and their tax deductions. When these calculations are applied, the courts adhere to the following principles:

• The first priority is what is in the interest of the child.
• Each parent’s income and their level of responsibility for their children will be considered.
• The support of the children rests jointly on the parents.
• Each parent should be responsible for child support according to their abilities.
• The financial needs of the child should be met via private and personal funds.
• It is each parent’s responsibility to support their children in accordance with their finances and circumstances in life.

FAQs About California Family Code 4057

How Much Does It Cost to Retain a Child Support Attorney in California?

In California, it can be difficult to offer an exact estimate of how much it may cost to retain the services of a child support attorney. Several unique factors of your case can influence the final cost. These include the case’s complexity, its duration, and the education, skill level, and location of your attorney.

Who Is the Presumed Parent in the California Family Code?

Under the California Family Code, the presumed parent of a child is any individual who:

• Was wed to the child’s mother at the time of the child’s conception or birth.
• Was living with the child’s mother at the time of the child’s birth.
• Has signed a declaration of parentage.
• Attempted to wed the child’s mother prior to the child’s birth, but the wedding was unsuccessful.

What If I Cannot Afford a Child Support Attorney?

If you cannot afford a child support attorney in California, you could explore certain avenues under the California Family Code. As stated in California Family Code 7605, you could petition the courts to order the opposing party to pay your attorney fees, but you must show how you do not have the financial means to do so yourself and the child’s other parent.

Who Is Covered by the California Family Rights Act?

Under the California Family Rights Act, an employee or employer can take off a certain amount of unpaid leave in cases of a family nature. These circumstances can include:

• The birth of a child
• The adoption of a child
• The foster care placement of a child
• Caring for a family member with a serious medical condition, such as a parent, child, spouse, or domestic partner

Contact the Necessary Legal Support Today

If you need legal support and guidance during a child support case, consult the attorneys at Quinn & Dworakowski, LLP. We can help you exercise the rights you are entitled to under the California Family Code. Contact us today.