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Los Angeles Child Custody Lawyer

Fathers' Rights Law — 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.

Child Support Modifaction

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.

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What Our Clients Say

“Attorney Mebtahi is no doubt the best!!!

My husband and I secured her for a bogus child support case he had from a previous marriage, and she saved us a total of $92(k).

From start to finish, she and her team were responsive. We were a bit apprehensive in the beginning since the case orginated out of California, thus requiring us to hire an attorney from there (even though we live in Missouri). Communication and trust were key since we relied on her to respond to all of our inquiries via phone and email, and trust that the money we authorized to be debited from our credit/debit cards would not be spent in vain.

For this reason, we highly recommend her services for any child support case that needs to be modified. Her professionalism, flexibility and attention to detail added to the successful outcome and we greatly appreciate working with someone of her knowledge and expertise.

Elena is the truth and definitely our California attorney!”