Your Child’s Right To Child Support
If you are facing any type of child support dispute, it is important to seek the help of an experienced Orange County child support lawyer. With over 20 years of experience to guide us, the team at the Law Office of David P. Schwarz understands that each family’s situation is unique, and child support obligations may differ. Our family law attorneys can help you advocate for an appropriate amount of support, whether you are the paying spouse or the recipient spouse. We also represent Southern California residents in enforcing and modifying existing child support orders.
Determining Child Support Payments
In California, child support is determined by the guidelines set forth in California Family Code 4055 – Statewide Uniform Guidelines for Determining Child Support. There is a mathematical formula that takes various factors into account, such as income, payroll deduction, and taxes. It is important to be aware that the calculation may quickly become complicated when there are certain other factors involved, such as child support for children from a previous marriage, self-employment income, wage income, or income derived from the ownership of a business.
Parents have a legal obligation to take care of their children financially. They are free to decide between themselves the amount of child support that should be paid. If the parents cannot decide, however, the court will need to decide for them. For example, the court may consider:
- Each parent’s income
- Each parent’s earning potential
- How many children the parents have together
- The actual tax filing status of each parent
- The daycare costs of the child
- Any medical expenses for the child that are not covered by insurance
- How much time each parent spends with the child
Child support obligations end when a child turns 18 years of age, unless the child has not yet graduated from high school, in which case child support continues until the child graduates or turn 19, whichever takes place sooner. California law does not give judges the authority to make a parent pay child support beyond the age of 19, unless the child is physically or mentally disabled.
Since life is constantly changing, there may be situations in which an existing child support order is no longer appropriate. For instance, a parent’s earning ability may change, or a child may develop additional needs. In these situations, a parent may seek to modify an existing order, as long as that parent can show that a substantial change in circumstances has taken place, which necessitates a modification to the child support order.
Explore Your Options With A Child Support Lawyer Today
Child support issues may be highly contentious, so it is important to enlist knowledgeable legal counsel. At the Law Office of David P. Schwarz, our Orange County child support attorneys understand the nuances of family law matters and can put our knowledge to use on your behalf. We assist parents in many Southern California cities, including Mission Viejo, Laguna Hills, San Clemente, Dana Point, Lake Forest, Huntington Beach, Costa Mesa, Fullerton, Yorba Linda, Orange, Irvine, and Newport Beach. Call 949-296-4119 or contact us online to set up a consultation with a child support or child custody attorney.