The Truth About Child Support “Loopholes” in California
The California Family Code requires parents to contribute to their child’s support until the child is emancipated, turns 18 years old, or turns 19 years old if the child is in high school. Child support obligations require parents to continue providing financial support to their children regardless of their relationship with the child’s other parent. The laws aim to close child support loopholes in California that would allow a parent to avoid their financial responsibility.
Methods Parents May Use as “Loopholes” to Avoid Paying Child Support in California
Although child support laws do not allow for loopholes, some parents will try to avoid paying their fair share of child support. They may search for child support loopholes even though they can afford to pay support payments. For these parents, they may face criminal trouble if they try to use child support loopholes to get out of paying support.
Examples of unlawful methods for avoiding child support include, but are not limited to:
Underreporting of Income
A parent may underreport their income or earning capacity to lower their portion of the child support obligation. However, the information provided to the court is provided under penalty of perjury. Therefore, a parent could face criminal prosecution if they lie about their income, resources, or earning capacity in a child support case.
Failing to Pay Child Support
A parent may stop paying child support payments.
Failing to pay court-ordered child support could result in several penalties, including:
- Driver’s license suspension
- Denial of passport
- Property liens
- Bank levies
- Seizure of state and federal tax refunds
- Intercept lottery winnings
- Garnishment of unemployment, disability, or workers’ compensation benefits
- Reporting to credit agencies
- Income withholding orders
- Contempt of court charges
- Suspension of professional license
A parent may request the court to issue an income withholding order if a parent stops paying child support. Garnishing a parent’s wages can be an effective way to close child support loopholes.
Employment Changes
A parent may quit a job or take a lower-paying job to avoid paying their share of child support. However, the court can close this loophole. A judge can impute income to a parent to calculate child support payments if the court determines the parent quit work or took a job to escape child support obligations.
How to Legally Stop Paying Child Support or Lower Child Support Payments in California
A parent may have a legal reason to decrease their child support payments or stop paying support. A Los Angeles child support lawyer can review your situation to determine if you have grounds to petition the court for a change in child support obligations.
Legal reasons that could justify a modification of child support include, but are not limited to:
- Your parental rights are terminated by the court or through an adoption
- Your visitation rights for overnight visits have increased (i.e., your child is with you more of the time)
- The child is emancipated because they legally marry, join the military, or receive an emancipation order from the court
- You are facing incarceration for more than 90 days
- The size of your family changes
- You lost your job or became disabled
Modifications of child support are not retroactive. Therefore, you need to file a motion to terminate or modify child support with the court as soon as you have grounds. Stopping payment of child support before you receive a court order could result in one or more of the above punishments for back child support.
How Is Child Support Calculated in California?
The California child support guidelines determine the base amount for a couple’s child support obligations. Generally, the non-custodial parent pays the custodial parent support payments. The custodial parent usually has the child for more time than the non-custodial parent, even in joint child custody arrangements.
The child support formula uses the total of both parent’s income and the amount of time the child spends with each parent to figure child support. However, the courts consider other expenses when ordering child support, such as health care, child care, and education costs. A child’s special needs may also be factored into the equation.
Get Help with Child Support Obligations in California
If your ex is using a child support loophole to avoid paying support or you need to modify child support, contact a child support lawyer. A Los Angeles child support attorney can explain your legal rights and options regarding child support in California. Schedule a confidential consultation with an attorney today.
Contact a Los Angeles Child Support Lawyer Today
Call Berenji & Associates Divorce Lawyers today to learn how we can assist you.
Berenji & Associates Divorce Lawyers Los Angeles Office
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Los Angeles, CA 90013
(310) 271-6290
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