In California, both parents have a legal duty to provide financial support for their child.  Child support is money paid by both parents to meet the child’s living and medical expenses.  This duty extends to both parents regardless of whether the child’s parents are married or not.

Although there exists a legal duty for support, and consequences for failing to provide support, many people continue to be delinquent in their responsibility. In the current economic state, many people who are delinquent on child support, are delinquent because they do not have the ability to pay. In this instance, it is important to hire a Southern California family law attorney to help you avoid any interest or penalties that may accrue.

However if there is a court order in place requiring support to be paid, it is illegal for the person ordered to stop paying support, without court approval.  When support is calculated, the parties’ income and expenses are used as the determining factors. If a person does not have the ability to pay the court ordered support, their remedy is to go back to the court and request a modification.

Simply failing to pay court ordered support is illegal, and will cause significant consequences to the person failing to pay.

An experienced family law attorney can help to reduce the amount owed on child support, and work to stop interest from accruing.  In many circumstances, a reduced balanced may be negotiated.  Additionally, if there has been a change in the financial circumstances on either party, the child support obligation may be modified.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at (888) 749-7428 or go to our website at wklaw.com for more information.