CHILD SUPPORT IN CALIFORNIA

Child support is always a central concern in divorce and parentage cases.  Children already have it rough when it comes to their new altered family situation by parents divorcing or splitting up. In California the law seeks to alleviate further hardship by ensuring that children do not become victims in a divorce. The expectation is that the children’s’ lifestyle should, to the greatest extent possible, continue without major financial changes.  This is where the family law attorneys at Mellman & Mellman, LLP can assist with obtaining the appropriate amount of child support.

In California, there are state issued guidelines for determining child support, which are updated periodically. It will be to your advantage to have a child support attorney in San Diego to assist you when child support payments are calculated. Although state guidelines are probable and in the absence of any dispute the courts will defer to guideline, these amounts are set in stone and individual circumstances will be considered when arguing for an increase or decrease in child support from the guideline amount. The law has some flexibility and the court will consider individual circumstances when establishing the amount of support payments, so having an attorney present these arguments on your behalf is always recommended.

DETERMINING A CHILD SUPPORT AWARD IN CALIFORNIA

These are some of the factors that go into the determination of child support payments in California, with the interests of the children taking top priority:

  • Each parent’s income and the amount of responsibility each contributes to the care and raising of the children
  • Mandatory payroll deductions, for example union dues and retirement account deductions
  • The parent’s circumstances, socioeconomic standing, and standard of living
  •  Disparities between the custodial and non-custodial home that may be leveled by appropriate support payments
  • The relative ability of each parent to pay for the children’s support
  • The number of children from the marriage or relationship
  • The tax filing status of each of the parents
  • Child support obligations from other relationships
  • Medical, dental, and other healthcare expenses and cost of health insurance premiums
  • Cost of daycare
  • Cost of travel for visitation
  • Educational expenses
  • A child’s special needs

HOW LONG DOES CHILD SUPPORT LAST IN CALIFORNIA?

In California, child support payments are required until the child’s 18th birthday. Though, if the child has not graduated from high school by that time, payments must continue until the child turns 19. If an agreement is in place as a part of the divorce that child support will continue beyond the child’s 19th birthday, the courts will usually enforce it. For example, if it is anticipated that the child will attend college, graduate school, or professional school, divorcing parents may make an agreement that support will continue throughout the period when the child is pursuing higher education.

ENFORCING A CHILD SUPPORT ORDER

California takes child support extremely serious and will assist a parent in collecting support and arrears. The state has laws in place to ensure that payments are kept up to date and arrears in payment are collected.

It is important to understand, however, that withholding child visitation rights because of non-payment of support is not a legal option for the parent trying to gain leverage in order to enforce payment. If you are not receiving your child support payments in a timely manner, your attorney can assist you in taking the proper steps that the law provides. At Mellman & Mellman, LLP our San Diego Family Law attorneys can help you enforce child support and arrears.  We also assist with Child Care Costs including daycare and health care costs.

LEGAL ADVICE IN CHILD SUPPORT MATTERS

In San Diego, the family attorneys at Mellman & Mellman, LLP are experienced and informed about the application of child support laws in California and have considerable experience in assisting parents to obtain child support and enforcing the payment of support.

At Mellman & Mellman, LLP, we appreciate your concerns about being able to provide an suitable lifestyle for your children. Our attorneys will take care of the legal aspect of your child support case to ensure that the award is appropriate and reasonable and will permit your children to grow and thrive, with all the same opportunities they would have had if the marriage had endured. Mellman & Mellman, LLP, San Diego based family law attorneys offer a free, no-obligation consultation. Contact Mellman & Mellman today to arrange a time to meet with us to discuss your child support matter.