California Child Support Lawyers
In California, both parents have a duty to support their children until they are 18 years old and until they’re 19 if they’re still in high school and unmarried. If the child is disabled, California courts may impose child support obligations on parents well into adulthood. Parental responsibility functions as a matter of law and can be ordered by courts in California regardless of marital status or whether the child is biologically related to the parent. If you’re entitled to child support and believe you’re getting less than you should or if you think you’re paying too much, it’s important to consult with an experienced California child support attorney who can help you understand and enforce your rights. Envision Family Law is known for providing excellent personal service to clients and achieving great results.
California’s Mandatory Formula
California Family Code § 4055 sets forth how much child support must be paid by one parent to the other. The following factors are considered when determining the award:
- The income of the parents
- The amount of time each parent spends with the children
- Discretionary factors such as the special needs or special talents of the child
The income of each parent is determined by examining all sources of income, including:
- Earnings from wages and self-employment
- Unemployment benefits
- Pensions
- Worker’s compensation benefits
- Social security benefits
- Interest from investments
- Disability benefits
- Dividends from stocks
- Rental property income
- Lottery winnings
The court will deduct the cost of mandatory expenses for the parent to calculate income for the purpose of child support. These are some of the relevant deductions:
- Mandatory union dues
- Mandatory retirement plan contributions
- Health insurance premiums
- Child support and spousal support that’s already been ordered
- The costs of raising children from another relationship
The amount of time that a parent spends with the child is called time-share, and the less time spent with the children, the more money that parent will pay in child support. In addition to providing for basic needs such as food, clothing and shelter, the amount of child support will also include an analysis of the children’s needs, including health insurance and extracurricular activities such as lessons, sports, field trips and other activities. In California, child support is intended to reflect the standard of living during the marriage, which is set forth in Family Code § 4053, which states, “Child support may therefore appropriately improve the standard of living for the custodial household to improve the lives of the children.” Despite the requirement of strict adherence to the guidance, child support issues can become contentious when parents try to hide income and create phony expenses.
Who Is A Parent For The Purpose Of Child Support?
Determining who the father is for the purpose of child support is not as straightforward as one might think. In California, courts will assume that a married couple are the parents of a child, establishing paternity automatically. If the father does not contest this status in a timely manner, he will be considered the father and financially responsible for supporting the child if the couple separates or divorces later. In such cases, a biological father would be relieved of this responsibility. The same approach applies to offspring of a registered domestic partnership in California. If the mother is unmarried, fatherhood must be established through a voluntary declaration of paternity or by obtaining a court order of paternity. Adoptive parents become the legal parents of a child with all of its rights and responsibilities, including child support. Surrogacy contracts name the parents as the ones contracting the services of the surrogate and become the legal parents of the child. In such cases, the biological parents have no obligation whatsoever to support the child.
When Can You Modify Child Support In California?
To request an alteration in your existing child support order, there must have been a recent and significant change in your or your ex’s life. To modify a child support order, be sure a change has occurred to:
- Either parent’s income
- The existing custody plan
- The size of either parent’s family
- Either parent’s health
When major events happen in your life, a child support order will likely need to be reviewed. Be sure to speak with your attorney before taking any action in this situation.
Learn If Our California Child Support Attorneys Can Help You
If you believe you’re entitled to child support that you’re not receiving or if you believe you’re paying too much, it’s important to hire an experienced California child support attorney who has experience in this area. Envision Family Law is the law firm that California parents trust to help them with their child support matters. If you require legal guidance, please call us at 855-438-3460 or email our firm.