San Jose Child Support Lawyers

Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate for child's living expenses including food, clothes, medical care, and other needs of the child. When one parent is awarded sole or primary physical custody, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent.

The amount of child support is calculated according to a variety of factors set by state law including each parent’s income and assets, the standard of living enjoyed by the children prior to the divorce or separation, the parents’ current standard of living, the child’s various needs, and a consideration of the amount of time each parent spends with the child. While each state’s guidelines for determining child support may vary, the goal is generally to achieve an equitable distribution of the financial responsibility for raising children and to encourage parents to be actively involved in their upbringing.