Orange County Child Support Lawyer

How is child support calculated?

The California Family Code prescribes a guideline calculation for child support. The crucial variables for this formula includes:

• How much time the child spends with each parent
• The gross income of both parents
• Tax filing status
• Health insurance costs
• Other necessary expenses

In most cases where both spouses are simple W-2 wage earners with a fixed annual salary, calculating guideline support can be a relatively straightforward process. However, when a parent recevies discretionary annual bonuses, is self-employed, receives rental income, regular family assistance, or non-monetary employment compensation, then calculating that parent's gross annual income becomes more complex.

How can I find out what the other parent's income actually is?

Through the legal process of discovery, both parties are obligated to furnish relevant and necessary information. If a party chooses to ignore or fails to properly respond to these requests, they may be sanctioned by the court and forced to pay a portion of the requesting parent's attorney fees.

The California discovery code is a complex set of rules. Minor technicalities or deficencies during the discovery process can result in significant delays and become very costly. Having an attorney that knows the discovery code well will help you put together an actionable discovery plan that gets you the documents you need to make informed decisions and present your case.

Can a child support order deviate from guideline?

The point of having a guideline formula is that it is presumptively the correct amount. However, courts do recognize that this is not necessarily always a one-size-fits-all solution. The court does have the power to deviate from the guideline support amount in unique situations.

Factors relevant to determining if a deviation from guideline is appropriate:

• Special needs of a child
• One or both parents are extraordinarily high earners
• Situations where the children have become accustomed to a certain lifestyle

Can a child support order be modified?

Child support orders are always modifiable, even if the parties previously agreed to the contrary. However, in order to modify support there must be a material change in circumstances since the time of the last order.

The usual factors to consider are:

• Increased income for one or both parents
• Decreased income for one or both parents
• Change in the parenting schedule

However, absent a new court order, a change in circumstances does not automatically mean you will pay or receive a different support amount. A motion needs to be brought before the court to decide the issue before a new child support amount is set.