Child support is designed to ensure that children receive adequate financial support from both parents, regardless of the parent’s marital status.
In Orange County, child support generally continues until the child turns 18.
However, if the minor is still a full-time high school student and not self-supporting, support can continue until the age of 19 or until graduation, whichever comes first.
Special circumstances, such as a minor with special needs, may require extended support.
Understanding the specific guidelines and obligations is crucial for both parents to ensure compliance and the well-being of their children.
Key Takeaways:
- Support payments ensure financial stability for infants post-divorce.
- Calculations consider both parents’ net disposable income and time spent with the minor. To facilitate this, the Department of Child Support Services can assist you.
- California laws mandate support until the infant turns 18 with provisions for special circumstances.
- Courts can issue temporary orders and modify existing ones based on significant changes in circumstances.
We Assist You with Child Support Cases
At our law firm, we specialize in providing comprehensive assistance with family cases.
Our experienced attorneys are dedicated to ensuring that your infant’s financial needs are met through fair and accurate support payments.
We offer personalized services tailored to your unique situation, whether you are seeking to establish initial child support orders, modify existing arrangements due to changes in circumstances, or enforce overdue payments.
Child Support Calculation
Support payments are determined by various factors, including the parents’ income, custody arrangements, and the specific needs of the infant. Our firm utilizes state guidelines and sophisticated software to ensure fair and accurate calculations, considering all relevant aspects to establish a support amount that meets the minor’s best interests.
Establishing Child Support
We guide you through the legal process of establishing support payments, from filing the necessary paperwork to representing you in court.
Our attorneys work diligently to secure an initial child support order that reflects your child’s financial needs and circumstances.
Modifying Child Support
Life changes, and so can child support needs. Whether due to job loss, income changes, or shifts in custody arrangements, our firm provides expert assistance in modifying existing child support orders. We help you navigate the legal requirements and advocate for adjustments that align with the current situation.
Enforcing Child Support Orders
When a parent fails to make court-ordered support payments, we employ various strategies to enforce compliance. Our legal team is skilled in taking actions such as wage garnishments, liens, and other legal remedies to ensure that your minor receives the support they are entitled to.
Collecting Back Child Support
If you are owed past-due child support, our firm can assist in collecting these payments. We use legal tools and processes to recover owed amounts, ensuring that you and your infant receive the financial support that has been missed.
How is Child Support Calculated in San Diego?
The family court calculates the amount each parent has to pay in child support by looking at each parent’s “net disposable income.”
This means the parent’s income after mandatory deductions such as union dues, taxes, health premiums, and other necessary expenses. The court also considers every other source of income, including:
- Self-employment earnings
- Employment wages
- Unemployment benefits
- Social Security and pensions
- Disability and workers’ compensation benefits
- Dividends and stocks
- Rental property income
- Interest earned on investments
- Prize winnings and state lottery
The support order is also based on the time the parent spends with the minor, known as “time-share.” The parent who spends less time with the minor typically pays more in support.
Why Choose Us
Our team of seasoned attorneys brings over 185 years of combined experience in handling child support and other family law cases. We are well-versed in California family law and have successfully navigated even the most complex legal situations. Our expertise ensures that we can effectively advocate for your rights and secure the best possible outcomes for your case.
What Clients Think of Us
We take pride in the positive results we achieve for our clients. Our success stories and testimonials highlight our commitment to excellence and our ability to secure the financial support necessary for our client’s well-being.
“Moshtael Family Law provided exceptional support during my child support case. Their expertise and dedication ensured that my children received the financial support they deserved. I highly recommend them for any family law matters.” – John D.
“The attorneys at Moshtael Family Law were compassionate and knowledgeable. They guided me through the complexities of modifying my child support order and achieved a favorable outcome. Their personalized approach made all the difference.” – Sarah K.
Expenses Included in the Monthly Child Support Calculation:
The monthly support calculation includes various expenses such as:
- Monetary support (food, clothing, shelter, education, and other essentials)
- Back payments and interest on back payments
- Health insurance
The court can also order, or the parents may agree to other payments, including:
- Childcare
- Travel costs for visitation
- Unpaid medical bills
- Extracurricular activities (field trips, sports, lessons, etc.)
Modification Procedures for Child Support in CA:
Life changes can necessitate changes in child support orders. Significant changes in circumstances, such as job loss or an increase in income, allow either parent to request a modification. This involves submitting a request to the court, providing evidence of the change, and sometimes attending a hearing. Significant changes can include loss of a job, incarceration, a drastic income change, or a substantial alteration in parenting time.
Penalties for Hiding Income for Child Support in San Diego:
Ensuring compliance with support orders is essential. Various enforcement methods include wage garnishment, tax refund interception, and legal action against non-compliant parents.
Non-payment can result in severe penalties, including wage garnishment, license suspension, and jail time. Courts can impute income based on suspected hidden earnings to prevent evasion of support obligations.
Parental Responsibilities and Rights in CA:
Both custodial and non-custodial parents have specific responsibilities and rights. Custodial parents typically receive support for living expenses, while non-custodial parents are obligated to make payments. Understanding these roles helps in managing expectations and obligations.
Handling Special Circumstances:
Special circumstances such as supporting infants with disabilities, significant financial changes, and out-of-state issues are uniquely addressed. If an infant is debilitated, there is no set age limit for child support obligations.
California Child Support Guidelines and Duration:
Support must be paid until the minor turns 18 and graduates from high school turns 19, marries, becomes legally independent, or dies. Support may continue for disabled adults who cannot support themselves.
Temporary or Expedited Orders:
Courts can issue temporary child support orders pending a final decision, effective 30 days after serving the obligated parent.
Modification and Termination of Child Support:
Support orders can be modified due to significant changes in circumstances and typically end when the infant turns 18. Extended support may be agreed upon for higher education or disabled adults.
Parental Duty to Provide Support
According to the law, both parents must provide for their kids until they turn eighteen years old.
If the infant is debilitated, there is no set age limit for the parent’s obligation to provide child support.
In some cases, courts may specify a future event, such as the child’s marriage, as the end of the child support obligations.
If the state, a governmental or private institution, or a volunteer takes over the child’s care, the parent has to pay those expenses and fees.
Registered domestic partners in San Diego have the same obligations towards their kids as married couples.
Each Parent’s Ability to Contribute to Child Support:
The responsibility of supporting a minor is incumbent upon both co-parents post-divorce, based on their financial capability.
Generally, the obligation towards the infant is deemed fulfilled when the custodial parent provides the necessary support.
San Diego family courts may deem an additional contribution necessary to promote an equitable standard of living for the infant and eliminate any disparities between the households of divorced or separated parents.
Under certain restricted situations, a parent may assert a hardship deduction such as an uninsured catastrophic loss.
Get Dedicated San Diego Child Support Attorneys on Your Side
Dissolution of marriage regulations and related judicial matters like custody and child support can be complex. It’s best to work with a knowledgeable San Diego family law attorney.
At Moshtael Family Law, our skilled and experienced child support lawyers will assist you in drawing up a custody agreement and estimating the support amount you can expect to receive or pay once the court issues the order.
We can help you collect child support, modify an existing order, or defend against child support obligations.
With a proven track record and over 185 years of collective experience behind us, our attorneys can provide effective legal representation that safeguards your rights in a child support matter in San Diego.
FAQ
Here are the questions we receive most frequently. If you have any other inquiries, please feel free to contact us.
What happens if my ex-spouse hides income to reduce support?
If your ex-spouse is hiding income, the court can “impute” income based on evidence showing their actual earning capacity. This ensures child support payments are fair and accurate. It’s advisable to work with a forensic accountant or CPA to uncover hidden income.
Can I accept a lower amount of child support than the state guidelines recommend?
Parents can agree on a lower support amount than the state guidelines. However, they can return to court to request that support be adjusted to the guideline amount in the future.
If my ex-spouse marries a wealthy individual, can I reduce my child support payments?
Generally, the new spouse’s income does not affect child support calculations. However, if not considering the new spouse’s income would result in extreme hardship for the child, the court may consider it.
What if my parental rights are terminated?
If your parental rights are terminated, typically because another party has adopted your child, you are no longer obligated to pay child support.
