Irvine Child Support Lawyers

Last updated on May 21, 2025

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 in Irvine 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.

How Can You Get A Child Support Order In California?

In California, any parent or legal guardian can request child support. However, this process requires an open case with the court. If no case exists, you will need to initiate one. If you are married, you can file for divorce or legal separation, automatically opening a case and allowing you to request child support. If you are not seeking divorce or legal separation, you can file a Petition for Custody and Support of Minor Children. This allows you to address child-related matters separately from your marital status.

On the other hand, if you are not married to the other parent, you will need to file a parentage action. This is a type of lawsuit that establishes paternity and allows you to request child support. Once you have an open case, you can move forward with requesting a child support order.

Step 1: File A Request For Order

To initiate the child support proceedings, you will need to file several necessary forms with the court. These include:

• Request for Order (FL-300): This is the primary form where you outline your child support request.
• Income and Expense Declaration (FL-150): This form provides a detailed overview of your financial situation, which is crucial for determining child support amounts.
• Child Custody and Visitation Application Attachment (FL-311): While optional, this form may be essential if your case also involves custody arrangements.

If you have an existing case, use the same case title and number, regardless of how old the case may be.

Step 2: Serve The Other Parent With The Legal Documents

Next, you need to notify the other parent of the legal action. However, you cannot deliver the papers yourself. Instead, ask an adult over 18 who is not involved in your case to handle this task. You can use a professional server or law enforcement for this purpose.

Step 3: Attend The Court Hearing

On the scheduled date, arrive at the courthouse early to allow time for security checks and locating your courtroom. Dress professionally and bring all relevant documents, including copies of your filed papers, financial records and any evidence supporting your case.

As experienced family law attorneys, we are here to provide the legal counsel you need throughout this process. We can walk you through California’s child support laws, guide you through filing the necessary paperwork and represent your interests in court.

What Sources Of Income Do Courts Use For Child Support Determination?

When it comes to child support determinations, courts take into account a wide range of income sources to ensure a fair and comprehensive assessment of both parents’ financial situations. Here is an overview of the sources they consider:

• Wages and salaries: These include income from full-time and part-time jobs, commissions and bonuses.
• Investment income: Judges also factor in earnings from stocks, bonds, mutual funds and other financial instruments.
• Retirement and pension income: Child support calculations include distributions from retirement accounts, pension plans and annuities, even if the parent has not reached retirement age.
• Workers’ compensation and disability benefits: The court will also look into any payments a parent receives due to work-related injuries or disabilities, whether short-term or long-term.
• Government benefits: This category encompasses various forms of assistance, including unemployment benefits, Social Security payments, and veterans’ benefits.
• Trust income: If you received any income as a beneficiary of a trust, the court will also include this in the calculation.

Child support proceedings can present complex challenges, and accurately reporting all income sources is crucial. If you are unsure about what to include in your income declaration, a family law attorney from our team can provide the legal advice you need to make sure you present a complete and accurate picture of your financial situation.

Where Can You Find The California Child Support Calculator?

To get a general idea of what you may owe for child support, you can review the child support guideline calculator on the California Child Support Services website. To better understand what to expect, reach out to an Irvine child support attorney.

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. However, there are complicating factors that can skew dollar figures. These include business income, self-employed income, public benefits, special health care needs or child support 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.

Whether you are establishing initial support orders or seeking modifications, we are here to guide you through the process. Feel free to contact our office to schedule a consultation.

A Deeper Dive Into Child Support In Orange County, California

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 law does not require the new spouse to provide support.

Our Irvine Child Support Attorneys 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.