Child Support

Like child custody, child support can be a complex area of family law, and you want to make sure you know what you’re doing because if you do something or fail to do something based on a mistaken belief, you could get yourself into trouble. For example, you may believe that child support ends when your child/ren turn 18 years old, so you stop paying child support; your income fluctuates from year to year so you unilaterally pay what you determine you can afford despite the existence of a court order; your spouse/the other parent stops paying child support, or is habitually late making their child support payment, so you withhold the child/ren until they comply; you think that the other parent should pay for all of the child/ren’s expenses because you pay monthly child support, so you refuse to pay for the child/ren’s health insurance, child care costs so your spouse can work, uninsured health care costs, private school tuition, or extracurricular activities. When a request is made in court, judges must order some of these expenses and have discretion whether to order others.

In California child support is determined based on a guideline formula set forth in the Family Code, which uses several factors, including the income of each parent, the amount of time each parent has custody of the child/ren, potential tax deductions, the level of need, and others. The resulting amount of child support is commonly referred to as the “guideline” amount. What exactly constitutes income: is it just your earnings from employment, is it gross or net disposable income? What if you and the other parent agree to an amount of child support that is below or above the guideline? You probably are not aware that agreements to an amount of child support below or above the guideline have very different consequences. We educate our clients, so you understand your rights and obligations when it comes to child support and to prepare you for the process of determining the correct amount in your case, whether that is in court, mediation, or settlement.