Ensuring Fair And Reasonable Child Support
Child support should be based on the needs of the child and the financial capacity of the paying parent. For this reason, child support is chiefly determined by statutory formulas based on the parents’ incomes.
But there may be reasons to deviate from the California child support guidelines, and parents may not agree on nonmandatory extras such as braces, summer camps and college fees. Maggio Law can help you negotiate terms of child support or represent you in contested proceedings. Our lawyers practice in the family courts of Orange County and surrounding jurisdictions.
The California Child Support Guidelines Are Not The Final Word
Child support is straightforward in many cases. The formula considers the income of both parents, allowable deductions, child care expenses, the number of children and the percentage of parenting time. But the dollar figures can be skewed by complicating factors, such as business income, self-employed income, public benefits, special health care needs, or child support paid or received for children from prior relationships.
- Our attorneys make sure that the court has full and accurate information when issuing child support orders, including subpoenas of financial records or imputing income if necessary.
- We can help clients work out practical agreements for subsidizing college tuition or other nonmandatory expenses.
- We have negotiated child support in high earner cases where the child’s realistic needs are not tied to the paying parent’s income.
- Our team also represents either parent in post-decree modifications of child support.
A Deeper Dive Into Child Support
Confusion over California’s child support guidelines can increase tension during an already stressful time. We believe that our clients feel more empowered to make sound decisions when they have a clear understanding of their obligations.
For this reason, we are sharing answers to frequently asked child support questions that our attorneys hear in consultations. Please read on to learn more about your options.
Is child support mandatory in California?
Yes. All states recognize that both parents have a responsibility to financially support their child. Each parent’s obligation is determined using a variety of factors, which includes income, time spent caring for the child and other considerations.
When can child support be terminated in California?
The most common reason that parents are no longer required to pay child support is that their child turns 18. However, child support payments can also be terminated if the child is legally emancipated, marries, enters the military, becomes financially independent or passes away. As with other child support modifications, you must obtain a court order to end your financial obligation. Your child support responsibilities do not terminate automatically.
Does child support automatically stop at 18 in California?
In most cases, parents are not required to pay child support when their child turns 18. Parents may be required to continue paying child support if their child is still attending high school at age 18 or is incapacitated. Parents who have not remained current on child support payments are responsible for fulfilling their obligations even after their child turns 18.
How does getting married affect your child support?
Getting remarried may affect alimony payments; however, this change in marital status should not affect child support obligations. The new spouse is not required to provide support.
We Strive To Get It Right The First Time
We believe in educating clients and attention to detail, to avoid future conflicts and hardships caused by unfair child support. To ensure that your rights are protected, contact Maggio Law to schedule a consultation. Call our office in Irvine at 949-227-3001 or contact us online.