San Diego's Affordable Divorce and
Family Law Attorneys assisted by
an experienced and caring staff

San Diego's Affordable Divorce and
Family Law Attorneys assisted by
an experienced and caring staff

San Diego's Affordable Divorce and
Family Law Attorneys assisted by
an experienced and caring staff

Every child support case is unique. The information below is intended to give you a general overview of child support law and is not intended as specific legal advice for any particular case. For a better understanding of your particular case and needs, we encourage you to call our office at 619-236-0533.

Child Support and California Law

Child support in California is based on a strict statutory guideline formula. This formula takes into account how much time each parent spends with their children and how much money each of the parents make. Every case is different however and complete income and expense information needs to be available for both parents, including their respective child sharing arrangement, in order to calculate an accurate support number.

Income and Expense Information

Both parents are required by law to set forth their income and expense information in court mandated documents, signed under penalty of perjury. This information will include copies of pay stubs, W-2 forms, tax returns and financial statements from self-employed business owners. Deductions for child support under California law are not identical to deductions that are used on federal or state income tax returns, although some are. California family courts are not required to recognize all deductions that are recognized by the IRS, so understanding how to properly prepare an income and expense declaration is critical to being able to calculate an accurate child support order. This means getting the most money for the supported party and making sure that parties who are paying support do not overpay their obligations.

Because of the strict nature of the California guideline child support formula, many parents are able to agree on a support amount after obtaining a thorough analysis of their situation. We use the same computerized calculations as the court and, when we have sufficient and accurate data, our projected numbers are usually very close to what a judge would order. Parents who are considering obtaining or modifying child support orders should know that the law will let you deviate from the guideline formula if both parents believe that doing so will be in their children’s best interest. If the parties cannot agree, however, and they submit their dispute to the family court, the judge must apply the guideline formula.

Many parents contact us because they are frustrated that the other parent works “under the table,” works sporadically or otherwise tries to hide their income. Sometimes an otherwise capable and able-bodied parent fails to work enough, or refuses to work at all. Such parents should know that we can help in all of these types of cases. In many cases we can use the power of the formal court discovery process to expose these individuals and obtain fair and accurate support orders based on the income that is being hidden. In other cases we can obtain orders for the court to impute income to parents who either under-perform, refuse to work or generate income which is hard to find. In these cases the court will make orders for support based on the other parent’s ability to earn, regardless of whether they are working or failing to report accurate income. We can also assist with collecting child support arrears.

In many cases, parents who are self-employed or unemployed are unjustly accused of hiding income or failing to earn money commensurate with their experience and abilities. In these types of cases representation by a skilled and experienced attorney is essential to obtaining fair and accurate orders. If you are self-employed or own a business, proper presentation of your case to the court by a competent legal representative can vastly improve your outcome.

You Must File to Preserve Retroactivity

Courts do not have the power to award child support prior to the date that you file a motion to request it, so each day that passes without doing so means lost money that you may never retrieve. Many parents agree to informal payment of child support without the benefit of court orders. This only works until it doesn’t. In other words, if the paying parent decides to stop paying on a verbal agreement, you will not be able to enforce that agreement.   The same holds for a written agreement that is not filed with the court as an order. If you are in need of a child support order, please call us at 619-236-0533 for a no obligation telephone conversation with an attorney or a paralegal about the specifics of your case.

Child Support and Attorney Fees

California law provides that, in many, but not all cases, recipients of child support may receive a contribution to their attorney fees from the payor of support, if they are represented by counsel. Such an award can be made in proceedings for either an initial award or a modification proceeding. A payee may also receive an award in a proceeding to collect arrears or enforce an existing order. This does not mean a dollar for dollar reimbursement of fees, but rather a contribution based upon the payee’s need and the payor’s ability to pay. The court will not make a determination of whether, or how much to order for fees, until after calculating the amount of child and/or spousal support due and subtracting that amount from the payor’s income. If you are a recipient of support, this information can be beneficial in making your decision as to whether you will hire an attorney to assist you. If you are a payor, it is important to understand your possible exposure to an attorney fees award before you negotiate or litigate. For a no obligation conversation with a paralegal or attorney regarding child support and attorney fees and your particular case, please call us at 619-236-0533.

Modifying A Child Support Order

California family courts have jurisdiction to modify child support orders any time there is a change of circumstances in any of the statutory factors that are used to calculate guideline child support. This means that a change in your income, a change in the other parent’s income, or a change in your child sharing arrangement are all reasons that entitle you to file a motion with the court to modify your child support orders. It may not be necessary to file such a motion if you can agree on a modification with the other parent, but it is essential that whatever you agree on is written up as a formal court order and filed with the court.

In cases where you cannot agree, it will be necessary to file a motion with the court. If you believe that you have a basis to modify a child support order, it is important for you to move quickly. The court does not have the power to modify your order prior to the date that you file your motion requesting it. Verbal agreements to raise or lower support without a court order are unenforceable. The same goes for emails, texts, notes or even written agreements that are not filed with the court as formal orders. If you are a payor of support and you rely on an informal agreement to reduce your support, you could find yourself paying thousands of dollars in arrears at some future date. If you are a payee of support, an informal agreement to pay you more without a court order is only good until the payor decides not to pay.  If you become unemployed, your income is reduced, or the other party’s income increases, you need to get legal advice quickly. Call us at 619-236-0533 for a no obligation conversation with an attorney or paralegal about your specific case.

Department Of Child Support Services (DCSS) And Family Support Division Cases

If you are a recipient of support with this type of matter, we can give you guidance and advice regarding your case. The Department of Child Support Services is not your legal representative. For this reason many people choose to hire a private attorney to represent them in such proceedings. If you are a parent being pursued for child support, whether it is an initial order, a modification or arrears, we can help you get a fair and accurate support order. We can also help you get your life on back on track with fair and reasonable collection arrangements if you have fallen behind in your obligations. Our office has decades of experience representing parties in such matters. Whether you are a recipient or a payor of child support with a government collection case, please call for a no obligation conversation with an attorney or paralegal.