Child Support Law
What is Child Support?
Where parties have minor children involved, the court may award child support to the parent who earns less income. While the courts use a guideline formula to establish support, there are many factors which can affect the amount of support which is ordered. Further, there are several types of matters in which a parent can be responsible for the payment of child support for their children.
Child support can be sought in matters relating to the dissolution of marriage [divorce], annulment or legal separation. Child support can be ordered for minor children under the age of 18 and can be ordered up until the age of 19 if the child is still in high school. Where there is a child with a developmental disability, support can be extended longer.
In instances where parents have not been married, child support can be ordered through either a paternity action or an action for support and custody of the minor child, when paternity has been established through a voluntary declaration of paternity.
California Child Support Law
We also handle matters where the establishment and enforcement has been initiated by Child Support Services and have been able to assist clients in reducing and collecting past due child support either in the family law courts through private actions or in the Child Support Services Court.
We also handle complex child support matters where one of the parents seeks to either increase or lower support through being voluntarily under employed or unemployed. In those instances we would file a motion to have an earning capacity imputed to that parent and seek orders based on the earning capacity rather than the actual income of that parent.
Most child support orders also include a provision for splitting the cost of daycare and uninsured medical costs. We determine what costs should be allocated to each parent and we are able to run child support calculations using the same formula that is used by the court.
There are other factors which can impact the amount of support that is paid and we carefully analyze the circumstances for each case when our clients retain us. We will then use those factors in developing our arguments as to why a certain amount of support should be ordered or why the support should be reduced where appropriate.