Securing Child Support In California
When parents split up and one household becomes two, child support immediately becomes a primary concern. Deciding who pays what can even become contentious.
At the Law Office of Edward S. Matisoff in Westlake Village, I have helped families resolve child support issues for decades. When you become my client, I take the time to listen to you and understand your concerns. I will help you understand California’s child support laws and provide the guidance you need to be confident as you plan for the future.
California Child Support: A Strict Calculation
Under California family laws, child support is controlled by uniform guidelines. A specific calculation is used to determine how much one parent is required to pay to the other. The calculation includes many factors such as:
- Income of both parties
- Percentage of parenting time
- Number of children
- Tax filing status
- Health insurance premiums and expenses
- Contributions to retirement accounts
- Day care costs
- Mortgage interest and property taxes paid
- Union dues
- Travel expenses to effectuate visitation
The judge does not have the discretion to depart from the child support guidelines except in a few narrowly defined circumstances. Although it is a specific calculation, a lawyer can help you make sure that the numbers entered into that calculation are accurate and reflect your true financial situation. Determining self-employment income is a common situation in which an attorney’s guidance is prudent.
Frequently Asked Questions About Child Support In California
Whether you are in the midst of a paternity action or navigating a divorce, it is only natural to have a lot of questions about how child support works once custody decisions are resolved. Here, I provide answers to some of the questions I get asked. If you have questions about your specific case, I offer clients a confidential, free initial consultation.
Can I modify my child support order in California?
You can reopen your child support order at any time and request a change as long as there has been a “substantial change” in the circumstances of anybody involved since the existing order was established. Changes that may qualify include significant increases or decreases in a parent’s income or a major change in the child’s needs.
What is the difference between a child support agreement and a court order?
When parents can agree on how they will share the financial responsibility for their children, they may establish a written child support agreement to that effect – without involving the court. If the court agrees that the agreement is in the child’s best interests, it will be approved. This is typically called a “stipulation and order.”
If parents cannot agree on how their financial responsibilities should be divided, they may seek a judgment in the courts. Once the issue is decided, the court will draft an order.
Can I use a child support calculator to estimate my payments in California?
Yes, you can access the California Child Support Guideline Calculator online through California Child Support Services and estimate the amount of support you may be expected to pay or likely to receive. However, it’s important to realize that the calculator does not account for all possible factors that can affect the final amount of support that must be paid, especially if the parents have unusual incomes or the child has specific special needs.
How are child support orders enforced in California?
It is important to note that both written child support agreements and child support orders from the court can be enforced. The party wishing to enforce the order must file a motion for contempt with the court. If the court believes that the parent purposefully refused to pay, the judge can order fines, community service, wage garnishment, garnishment of bank accounts and tax returns, property liens, license suspensions, and even jail time. The delinquent parent may also be ordered to pay your attorney fees and court costs.
Consult A Westlake Village Child Support Lawyer For Free
My personal and professional representation begins at our first meeting. Schedule your free consultation with me by calling my office at 805-666-0980 or sending me an email. I make myself available on evenings and weekends for your convenience. I represent clients in the Ventura, Oxnard and Thousand Oaks regions in Southern California.