How to Apply for Child Support
Child support is the amount paid by the noncustodial parent to the custodial parent. It is the noncustodial parent’s contribution to the child’s financial needs. Child support helps supply a child’s basic needs, including food, clothing, shelter, education, and healthcare.
A parent is required to support their child even though they may not live with their children or have custody of their child. If a parent fails to pay child support, the custodial parent can apply for child support through the state.
How Do I Apply for Child Support in Los Angeles, CA?
Parents can apply for child support in California through the California Department of Child Services (DCSS). The first step is to enroll in child support services. A parent or legal guardian can enroll online. If you have a court order, DCSS offers neutral assistance. The office keeps official records to protect both parties.
If you do not have a court order, DCSS can help locate your child’s other parent, establish paternity if necessary, and seek a court order requiring child support payments. In some cases, you may not need to appear in court to obtain child support payments. DCSS also helps parents enforce child support obligations, in addition to helping payers resolve delinquencies in child support payments.
Should I Hire an Attorney to Apply for Child Support?
You are not required to hire an attorney to apply for child support through DCSS. However, there are some advantages to hiring a Los Angeles child support attorney to handle your case.
An Attorney Represents Your Best Interests
DCSS and Family Law Facilitator’s Office (FLF) employees are neutral court employees. They do not represent either party in a child support case. The FLF and DCSS can assist all parties in a case. They answer questions and assist with paperwork but do not represent you in a court case. You are responsible for your case.
When you hire a family law attorney, your lawyer represents your best interests. They fight to ensure that you receive or pay the correct amount of child support. Additionally, they work to protect your child’s well-being and your parental rights by obtaining a fair parenting plan and time-sharing agreement.
Calculate the Correct Amount of Child Support
You can use the California Child Support Guideline calculator to estimate child support payments. However, child support can be challenging to calculate in some situations.
The guidelines provide the base child support payments. Judges can deviate from the child support guidelines for specific reasons. Therefore, you need to understand California family law to calculate the correct amount of support.
DCSS may not be as proactive or aggressive as you need. A child support lawyer works for you. They diligently work to ensure child support payments are correct. Your attorney uses the specific factors in your case to argue for deviations from child support that are in your and your child’s best interests.
You May Receive Child Support Faster
Applying for child support through the DCSS can be a lengthy process. They have many cases to handle. Because they are not your attorney, they do not have the same fiduciary duty to work as quickly as possible to provide you with the best outcome in your case.
An attorney can file a motion with the court seeking child support. Going through the court can be faster than applying for child support through the state. If there are other issues related to child custody, your attorney can petition the court to handle all matters instead of only addressing child support.
How Does California Calculate Child Support Payments?
Child support is based on state guidelines. The factors used to calculate child support include:
- The gross income of each parent
- The number of children eligible for support
- The allowable deductions and expenses from gross income
- The number of overnight visits according to the time-sharing agreement
- A parent’s filing status for tax returns
- The health insurance premiums paid by a parent
As discussed above, the guidelines are a presumptive amount of child support. Judges can deviate from these guidelines. Reasons for child support deviations could include but are not limited to, a child’s special needs, private school tuition, extraordinary healthcare costs, and extracurricular activities.
A Child Support Attorney Can Help You Modify Child Support Payments
Depending on the age of your children, you could be subject to a child support order for more than a decade. During that time, changes in circumstances could necessitate a modification of child support payments. Either parent can petition the court for a child support modification.
Reasons for modifying child support include, but are not limited to:
- A parent becomes disabled because of an injury, illness, or accident
- A parent becomes unemployed through no fault of their own
- A substantial change in a parent’s income
- A parent is unable to find a job after making a good-faith effort to do so
- A parent is deployed as an active member of the military
- A change in custody or time-sharing increases the overnight visits for the paying parent
- The adoption or birth of a child
The parent seeking a modification of child support payments has the burden of proving that a substantial change in circumstances justifies changing child support. If the change is temporary or not substantial, the judge may deny the request for a modification.
Contact an attorney immediately if you cannot afford your child support payments. You may be able to lower your child support payments. Child support arrears can cause legal problems.
A child support modification is not retroactive. Therefore, you should act quickly before you miss child support payments. You could face several penalties for failing to pay court-ordered child support, including contempt of court.
Get Help With Child Support Matters in California
Child support issues can be complicated. You need an advocate who will fight to protect your and your child’s best interests. Whether you are establishing a new support order, seeking to enforce existing payments, or requesting a modification due to changing circumstances, legal guidance can make the process smoother and more effective. Don’t wait until problems escalate—take proactive steps to secure the financial support your child needs.
Contact a California Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586