When both parents are not actively involved in raising children, child support is generally required under California law. This can include situations where a couple divorces after having a child, as well as situations when children are born out of wedlock.
Child support serves an important public policy goal in ensuring that parents take responsibility for their kids. It is also essential to allow children every advantage in life. That’s why it’s so important to work with a skilled and experienced San Diego child support attorney when issues related to support arise.
Whether you are seeking child support, are being asked to pay it, or a dispute has arisen over support, Contreras Law Firm is here to help you.
Our San Diego family law firm is focused on caring for the whole client. We understand family law issues can be very sensitive, and we take a focused, creative approach to resolving your disputes. Just give us a call at (619) 238-0616 today to schedule your free consultation and learn how we can help you.
Why Trust Contreras Law Firm With Your Child Support Case
At Contreras Law Firm, we know you have many options for where to turn when it comes to divorce and family law cases. We believe our firm is uniquely positioned to help you resolve child support disputes because:
- We have decades of collective experience representing clients with child support issues
- Our exclusive focus on family law helps to ensure we know the rules for child support inside and out
- You’ll know our fees upfront and we’ll work with you to make pursuing your child support claim as cost-effective as possible
- Our creative approach to family law disputes helps us negotiate an out-of-court resolution on child support issues or prepares us to make a compelling case for your preferred support arrangement in court
When it comes to your finances and your child’s future, you can’t afford to trust just anyone. Call us today and let us show you how our compassionate and skilled team can fight for you.
Child Support In California
California law provides a set of statutory guidelines to determine child support. The court will determine the amount of child support to be paid by one parent (or both in limited circumstances), based on the following factors:
- Monthly salary of each parent
- Percentage of custody each parent has with the children
- Number of children both parents have (together and separately)
- Health insurance expenses
- Day care expenses
- Cost of school and other daily living expenses
The court may additionally look to outside expenses, especially in unique situations such as a child with a disability who needs ongoing in-home care, or children who attend private school and have grown up in a certain lifestyle. While no one factor is determinative of another, a judge will consider the salary of the noncustodial parent up to a limit.
Child support generally starts once one of the parents files a request for child support with the court. Child support generally ends once the child turns 18 or graduates high school, whichever occurs later. There are other unique situations where child support may last longer, such as a child with disabilities, or may last less, if the child marries.
How Can a San Diego Child Support Lawyer Help You?
When you’re involved in a child support case in California, a San Diego child support attorney can provide invaluable assistance including:
- Guiding you through the steps of establishing legal parentage in cases where paternity is in dispute
- Assisting in filing a claim for child support
- Helping you respond to a Summons and Complaint if you are being asked to pay child support
- Working with you to create a stipulated agreement if you wish to avoid court proceedings
- Making a compelling argument on your behalf to convince the court to award your desired support amount
- Assisting with child support modification orders
- Working with you to enforce child support orders
Child support is also closely linked to custody arrangements, and Contreras Law Firm can help you to argue for your preferred custody plan to ensure you have both the time with your children that you desire and the support your child deserves.
How Do San Diego Child Support Laws Work?
California law has guidelines for determining the amount of child support due, and the State of California has a calculator online to help you estimate the amount of support appropriate in your situation.
While it may be possible to deviate from these guidelines in unusual situations, such as when you have a disabled child with extensive and costly medical needs, you can usually expect that the court will use them when creating a support order.
Support typically continues until a child is 18, or completes high school, but parents can also create another arrangement if both agree. Contreras Law Firm can help you to understand how the law works. We can argue for appropriate support in your circumstances and will fight to make sure your finances are secure and your child is provided for so they can have the best opportunities in life. Give us a call at (619) 238-0616 to learn more.
How to File For Child Support in San Diego
Starting a child support case is often overwhelming, especially if you’re unsure where to begin. In San Diego, there’s a step-by-step process designed to support families and ensure children receive financial help from both parents. Here’s how you can get started.
Enroll in The Child Support Program
The first step is to sign up with California Child Support Services (CCSS). You’ll need to fill out an enrollment form, providing basic information about yourself, your child, and the other parent. This form is available online, or you can pick one up from your local Child Support Services office
The Agency Helps With the Process
Once you submit the form, CCSS takes over part of the process. They will try to locate the other parent, which sometimes takes some time, depending on the information available. If it’s not already clear who the other parent is, the agency can help establish legal parentage.
Working Toward a Support Order
When both parents are found, the agency will see if everyone can reach a support agreement outside court. If both parties agree, you can sign a stipulated agreement, which basically means you agree for the court to make a formal order based on terms you both accept. This can go faster and might feel less stressful than a regular court hearing.
Going Through a Child Support Hearing
If talks and mediation between parents don’t work out, the agency will ask the court to set an amount for child support. You’ll both need to attend a hearing, explain your side, show proof of income or other financial documents, and answer basic information about your expenses for the child. The judge then makes the final decision about how much support is appropriate based on the circumstances.
While you are able to do this on your own, it’s always helpful to reach out to a family law attorney for help to make sure you’re getting everything you and your child are entitled to.
Child Support For an Adult Child
When most people think about child support in California, they picture payments stopping as soon as the child turns 18. That’s often the case, but not always. California law says that both parents must help financially care for their adult child if the child can’t work because of a disability.
3910. (a) Each parent of a child has an equal responsibility to maintain, to the extent of their ability, their child of whatever age who is incapacitated from earning a living and without sufficient means.
This means that, even when your child is legally an adult, support might need to keep going. If your adult son or daughter can’t earn enough money due to a severe disability and can’t provide for themselves, support does not automatically end.
How Self-Employment Income Is Calculated For Child Support
Calculating child support for self-employed parents in California involves more than just reviewing tax returns. This process can be especially challenging because self-employed individuals may underreport income or mix personal and business finances.
Courts look closely at business income, expenses, company records, and sometimes bank statements to find actual earnings. They will adjust for any personal expenses being run through a business.
The main goal is to come up with a number that realistically reflects the parent’s true ability to pay child support. Judges use this information to set support that meets the child’s needs, even if the parent’s take-home pay goes up or down each month.
What Is “Family Support”?
Family Support in California rolls together both child support and spousal support into one single payment. Instead of just separating money for kids and money for an ex-spouse, the law allows parents to negotiate a “family support” order. This whole amount is taxed as if it were spousal support: it counts as income for the person receiving the payments and gives a possible tax break to the person paying.
Often, this helps the tax savings, so the person receiving support can actually end up with more money, even after paying taxes. It’s important to work with a lawyer who knows how to structure these orders to benefit both the payor and the recipient without breaking any tax law.