One of the most contentious types of family law cases is child support. Parents may have very different opinions about how much money is necessary to raise their child and may not agree on it, requiring the court to intervene. If you need help establishing child support, negotiating child support, modifying a child support order, or enforcing an order in Rancho Park in Los Angeles, CA, Berenji & Associates Divorce Lawyers can help.
Berenji & Associates Divorce Lawyers has over 45 years of combined experience in family law. Our attorneys have received various esteemed recognitions, including National Trial Lawyers Top 100, Lawyers of Distinction, Top-Rated Family Law Attorney by Super Lawyers, Top 30 Matrimonial and Family Law Attorney by America’s Premier Attorneys, and Avvo Perfect 10 Rating. Contact us today at (310) 271-6290 to discuss your case with a Rancho Park child support lawyer.
How a Rancho Park Child Support Lawyer Can Help
The Rancho Park child support attorneys from Berenji & Associates Divorce Lawyers help with all aspects of child support cases, including:
- Determining the statutory amount of child support that should be awarded
- Obtaining evidence regarding income
- Enforcing child support orders
- Modifying child support orders to account for material changes in circumstances
We can discuss your particular situation and explain your legal rights when you contact us for a confidential consultation in Los Angeles, CA. We also provide assistance with other family law matters, including divorce and spousal support.
What Is Child Support?
Child support is a financial payment that one parent makes to the other to help provide financial assistance to their shared child. The purpose of child support is to ensure that children receive the full financial benefit from both parents – even if their parents are separated or divorced. Child support is used to help cover a child’s living expenses and ensure the child’s financial well-being.
Who Pays Child Support?
Not all situations give rise to the need to pay child support. If the parents are still together, child support may not be necessary. If the parents live together, the child may already be receiving the benefit of financial assistance from both parents. Even if the parents live apart, child support may not be necessary if the parents have about equal parenting time and similar incomes.
Child support is awarded in cases when it is in the best interests of the child and when not ordering it could jeopardize the child’s economic stability. This most often occurs when the parents are no longer involved in a romantic relationship, and the non-custodial parent is ordered to pay child support to the custodial parent. However, there are times when the parents have joint custody, and child support may be awarded.
How Is the Amount of Child Support Decided?
California uses a mandatory statewide formula to determine the amount of child support that should be awarded. Judges no longer have broad discretion to deviate from the award amount. The formula is: CS = K [HN – (H%)(TN)]
This translates to: The child support amount equals the amount of both parents’ income to be allocated for child support times the high earner’s net monthly disposable income minus the approximate percentage of time the high earner will have primary responsibility for the child times the total net monthly disposable income of both parties.
These are the factors that go into this calculation:
Both Parents’ Incomes
Per the formula above, K is the amount of both parents’ income allocated for child support. This equals one plus H% (the parenting time percentage) if H% is 50% or less or two minus H% if it is greater than 50%. The formula contains a table that provides different fractions to use based on the parents’ incomes.
California law defines income in the same way as the federal government. If the obligated parent’s income is less than the gross amount of working full-time at minimum wage, the obligated parent is entitled to a low-income adjustment unless the other parent has evidence showing this would be unjust and inappropriate in the particular case.
The calculation and application of income amounts is one of the most contested aspects of a child support case. To ensure that you are not subjected to an unfair order, it’s essential that you have complete information about the other parent’s income. Information that can help determine an appropriate amount of child support may include:
- Pay stubs
- W-2 forms
- Tax returns
- Income and expense forms
An experienced child support lawyer can use discovery and other tools to obtain this evidence.
Parenting Time
The amount of parenting time the obligated parent has with the child goes into calculating the amount of presumptive child support. In child support cases in which a parent fails to appear after receiving notice or in a default proceeding, the court sets H% at zero if the non-custodial parent is the higher earner or 100 if the custodial parent is the higher earner when there is no evidence demonstrating the percentage of parenting time.
Discretionary Factors
The court uses the factors above to determine the amount that is presumed to be correct under state law. However, the court can order a different amount of support if it finds good cause for ordering a different amount. Some situations that may provide a basis to deviate from the presumptive amount of child support include the following:
- The parents have stipulated a different child support amount.
- The sale of the family home is deferred, and the rental value where the children reside exceeds the mortgage amount, homeowner’s insurance, and property taxes.
- The obligated parent has an extraordinarily high income, and the amount determined under the formula would exceed the child’s needs.
- A parent is not contributing to their child’s financial needs at a level consistent with their custodial time.
- A parent qualifies for a low-income adjustment, and the child support amount calculated by the formula is more than 50% of their net disposable income.
- The parents have different time-sharing arrangements for different children.
- Parents have similar time-sharing, and one parent has a much lower or higher percentage of income used for housing than the other parent.
- The child has special needs.
- The child has more than two parents.
When the court deviates from the uniform guideline formula, it must put in writing or on the record the following information:
- The amount of child support that would have been ordered under the formula
- The reasons why the amount of support ordered is different from the formula
- The child has more than two parents.
- Why the amount ordered is in the best interests of the child
Either parent can also ask the judge to state on the record each parent’s disposable income, each parent’s actual federal income tax filing status, each parent’s deductions from their gross income, and the approximate percentage of parenting time.
Calculating child support can be difficult, but the state provides a calculator to give a rough idea of how much child support should be awarded.
Child Support During Divorce
California family law courts can order temporary child support while a divorce is pending. Additionally, they may bifurcate or separate financial issues from the declaration that the marriage is terminated.
Opening a Child Support Case
Either parent can enroll in child support services. A child support lawyer can help prepare a petition for child support and have the parent legally served. Depending on the circumstances, it may be necessary to complete a DNA test or otherwise legally establish paternity. The parents can either create a stipulated agreement or attend a hearing to establish the amount of support they need. The judge creates a court order outlining the pertinent information about support.
Enforcing Child Support
If a parent does not pay court-ordered child support, they are subject to many enforcement actions, including:
- Driver’s license suspension
- Interception of tax refunds
- Interception of lottery winnings
- Passport suspension
- Revocation of professional or occupational licenses
- Bank and property liens
Unpaid court orders are also subject to a 10% interest charge. A parent can also file civil contempt of court charges if the other parent is not paying court-ordered child support.
Modifying Child Support
Child support orders are generally able to be modified if there has been a change in circumstances, including in custody. Modifications may allow the amount of child support to be reduced or increased, depending on the circumstances. However, child support obligations remain in effect and active until the court officially modifies them. An experienced child support attorney can review your case to determine if you are eligible for a modification.
Contact an Experienced Child Support Lawyer for Assistance With Your Case
If you have questions about your child support case in Los Angeles, CA, want to open a case, or don’t know how to respond to a case, the Rancho Park child support lawyers from Berenji & Associates Divorce Lawyers can help. We can explain California’s complex child support system, help calculate the amount of support based on the uniform formula, and negotiate for a fair amount of support. Contact us to discuss your case with an experienced Ranch Park child support lawyer.