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San Jose Divorce Lawyer Advises on Delinquent Support Payments

Every child in the state of California has a right to share in the earning capacity of both parents.  Even in cases in which the parents could not maintain an amicable marriage, the child has the same rights.  The parents may divorce, but in doing so they do not divorce
themselves from their children.  Child support laws in California generally require the non-custodial parent to make financial payments to the custodial parent for care of a minor child.  The courts may order weekly, bi-weekly or monthly payments.  If the non-custodial
parent fails to make faithful child support payments in California , that person can face criminal charges.  The custodial parent has a right to seek relief, and would typically benefit from the advice and assistance of an experienced attorney.

Establishing Child Support San Jose

A San Jose resident can establish a child support order by visiting a San Jose divorce lawyer , filing the proper forms and documents, and being ready to appear in Court.  Sometimes a Petition to Establish Paternity will need to be filed, and a Judgment of Paternity signed by the Court and filed before the Court will have the power to make orders for child support.  A skilled San Jose divorce lawyer will be able to advise you whether this procedure is needed.  The attorney can assist you with calculating and developing an agreement for child support.  In addition to establishing a child support order, the attorney can advise and inform you about the rules that apply to child custody and visitation. A skilled San Jose divorce lawyer will work hard to get you fair and adequate child support payments in Santa Clara County . Once the Judge signs the child support order and it is properly served on the obligor he/she will be legally obligated to make timely payments for his or her child.

Receiving Child Support Payments

The courts may set up child support payments a number of ways.  The non-custodial parent could opt to use payment coupons and send checks or money orders.  Alternatively, the individual could make payments at the county court building.  Working individuals may also have the support payments directly deducted from their paychecks.  Unemployed parents can have child support payments taken directly from their unemployment checks.  The Judge will usually make options available to the parties during the initial court proceeding.

Failure to Make Child Support Payments

Anytime a person fails to make a child support payment, he or she runs the risk of incurring civil and/or criminal charges.  An individual who misses a payment should takes steps to take care of the payment as quickly as possible.  Unpaid support payments typically accrue interest at the legal rate of interest.  More than three missed payments can result in consequences such as wage garnishment, contempt charges and jail time.  If an obligor fails to make payment and does not take steps to notify the courts, the custodial parent can seek relief.

Relief for Non-Payment of Child Support

A custodial parent who has stopped receiving payments should visit a skilled and experienced Divorce attorney.  Thomas Stutzman is a San Jose Divorce Attorney who has been practicing law for over 35 years.  He has successfully helped clients recover from ex spouses who fail to meet their court ordered obligations.  Mr. Stutzman provides a free 30 minute consultation for those who need help with child support and/or other family law matters.  Struggling custodial parents should contact him for assistance today.

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