Los Angeles Child Support Lawyers: A Guide for Parents

In California, both parents are responsible for financially supporting their children. In cases where parents cannot agree on how to share this responsibility, a parent can seek a child support order to ensure the continued well-being of their children. If you are facing a legal separation, divorce, or paternity matter and have questions about child support, you are not alone. The Reape-Rickett Law Firm’s experienced, child support attorneys are here to guide you through the process.

The information below provides an overview of child support is, its functions under California law, including how child support it calculated, who pays support, modifying order, and when the support ends.

What is Child Support?

California Family Code, Section 4053, emphasizes the importance of child support, stating that “a parent’s first and principal obligation is to support his or her minor children according to the parent’s circumstances and station in life.” Child support is the monthly payment ordered by the court to help cover a child’s basic needs, including housing, food, clothing, healthcare, and education. Child support can also be intended to ensure children share the “standard of living of both parents,” and to help maintain a consistent standard of living between parent households.

How is Child Support Calculated?

California determines child support using a statewide guideline that considers numerous factors to ensure fair contributions from both parents. Determining child support payments is a complex process, one that can be best navigated with one of our experienced child support attorneys in Los Angeles.

Key Factors in Calculating Child Support:

• Income: The court considers each parent’s actual income and earning potential. If a parent is underemployed, the court may estimate their income based on their abilities and impute earnings.
• Timeshare Arrangement: The amount of time each parent spends with the child (overnights) significantly impacts the calculation.
• Tax Filing Status: The tax filing status of each parent can affect the outcome.
• Other Dependents: The court may consider if either parent has additional dependents from other relationships.
• Healthcare and Childcare Costs: Costs associated with health insurance, uncovered medical expenses, and shared childcare expenses are factored in.
• Other Expenses: Additional considerations include mandatory union dues, retirement contributions, travel expenses to visit a parent and educational or special needs of the child.

The Formula:

California uses a specific formula to calculate child support:

CS = K [HN – (H%) (TN)]

• CS: The amount of child support owed.
• K: A factor based on the number of children being supported.
• HN: The high earner’s net monthly disposable income.
• H%: The high earner’s approximate time spent caring for the child(ren).
• TN: The combined total monthly net disposable income of both parents.

Exceptions and Additional Costs:

While the formula provides a baseline, there are situations where it might not be suitable. The court may deviate from the formula under specific circumstances, such as:

• An agreement between the parents determines a different amount of child support.
• The sale of a family residence is deferred, and the rent exceeds housing costs.
• The high earner’s income is exceptionally high, exceeding the children’s needs.
• One parent is not financially supporting the children proportionally to their custodial time.
• Special circumstances exist, such as unequal time-sharing with different children or high medical needs.

Additional child support may be ordered to cover specific expenses, including:

• Childcare costs related to work or education.
• Reasonable uninsured healthcare costs for the children.
• Education or special needs expenses.
• Travel expenses for visitation.

It is important to note that this information is for general understanding. Consulting with an experienced child support lawyer is recommended for specific child support calculations and legal advice for your situation.

Who Pays Child Support?

In most cases, the parent with the higher net monthly disposable income will pay child support. However, the amount of time each parent spends with their children is a factor when calculating child support, along with many other variables.

Can the Amount of Child Support Ordered Change?

Child support is one of the most modifiable terms of a divorce, separation, or paternity, and may require an annual review or more if there is a change of circumstances. The factors that most commonly require a review and possible modification of support orders are:

• Change in employment: If either party, loses, or gets a new job, or takes a lower paying position.
• Change in income: If someone has a reduction or increase of income or refuses to get a job.
• Time-share of the children: If a parent’s time with the children changes and they are spending more or less time with the children, or when there are multiple children and a child ages out of support.

An experienced lawyer for child support can collaborate with you to assess your specific circumstances to evaluate possible modifications to your existing order and help you negotiate or file for a child support modification.

When Does Child Support End?

Child support typically ends when a child turns eighteen and graduates high school. However, if they are still in high school full-time and cannot support themselves, the duty to pay ends when they graduate or turn nineteen, whichever occurs first. There are also exceptions for children with disabilities.

The Importance of Legal Representation

While this guide provides a simple overview of how child support functions in the scope of California law, the process of obtaining child support or modifying existing orders can be complex. An experienced Los Angeles child support lawyer can:

• Advocate for Your Rights: Our attorneys ensure your financial situation is accurately represented in the court’s calculations.
• Negotiate Favorable Outcomes: We strive to reach a fair and amicable agreement whenever possible.
• Represent You in Court: If necessary, our skilled litigators will represent you confidently in court.
• Manage Modifications: As circumstances change, we can assist with modifying existing child support orders.

The Reape-Rickett Law Firm: Los Angeles Lawyers Committed to Your Child’s Well-Being

At The Reape-Rickett Law Firm, we understand the importance of child support in ensuring your child’s well-being. Our compassionate team is dedicated to protecting your rights and achieving a child support arrangement that helps your children thrive. Our experienced attorneys can assist you with establishing a support order, negotiate or file for modification on an existing order, enforce orders, as well as challenge guideline child support orders when applicable.

Contact Us Today

Do not navigate the complexities of child support alone. Let our resolute child support attorneys answer your questions and guide you towards a positive outcome. Contact The Reape-Rickett Law Firm today by calling (888) 851-1611 or use our contact form to speak with our team today.