Everyone's situation is unique. If you fathered a child and are no longer with the mother, you may have agreed that you will not be a part of the child's life -- but you are still obligated to pay child support. Conversely, if you wish to develop and maintain a relationship with your child, you have the right to do so, even if you can't make child support payments.

Contact our compassionate and assertive father's rights attorney at the Law Offices of Elena Mebtahi immediately to discuss your unique circumstances and the significance of visitation on child support payments.

Los Angeles, Fathers' Rights Attorney — Credit for Payments Made in Child Support

Under California law, if the father is not visiting with his child, the income of the mother will not be considered as part of the calculation for child support payments. For this reason, it is important to have some visitation with your child, particularly if the mother of your child is working and earning a substantial income, as this could have a significant impact on your child support obligation.

If your child has lived with you for any period of time, you will also be eligible for Jackson credit which will credit you for all amounts accrued for child support for the time period that your child/children were living with you. This will ultimately reduce the amount of your arrears.

California judges are very reluctant to take an oral agreement between you and the mother for modification of child support payments. In addition, in order to get credited for any child support payments made for the month, that have not been accounted for, the payments must be made by check, cashier's check or money orders. If paid by cash, a receipt of payment is sufficient proof. Without solid proof the courts will be very reluctant to give credit for any prior payments if mom denies payment was made. Buying items for your child and agreeing with the mother that it will reduce your child support is not sufficient.

Santa Monica, West Covina, Long Beach, California

If you are unable to meet your child support obligations due to changes in your circumstances, such as loss of a job or having another child, you must seek a modification of your child support payments from the court immediately. If you do not, you are legally obligated for the full amount of your payment. If you can't make the payment it will just accrue. Attorney Mebtahi can help you organize your payments so that they are manageable and so that you can get your life back on track.

To schedule your free consultation, contact our Los Angeles fathers' rights lawyer today. We serve clients in the Los Angeles County area.