Family Law Attorney for Child Support Claims in Los Angeles

Find an Affordable Los Angeles Family Law Attorney for Child Support 

Both parents, whether married or not, must contribute to their children's support. This is a rule that cannot be circumvented because you are single or unemployed or have other financial difficulties. Child support is not enforceable unless a court order mandates it. The custodial parent has the right to request that the noncustodial parent pay child support. Child support is normally provided before the child reaches the age of eighteen.

If both parents are unable to reach a private arrangement on child support rules, the court will make the decision for them. If the parents can negotiate on child custody without arguing, they will not have to go through the legal system and will reach an agreement privately. They should simply have a written contract prepared for them. You can navigate through the complicated process by hiring a family law attorney in Los Angeles.

California's child support laws have a specific purpose and a specific intent.

The following is outlined in California Family Code 4053:

• The first and most significant responsibility of a mother and father is to support their child.
• The responsibility is shared, depending on each parent's capacity, income, and time with the child, all in the child's best interests.
• A kid should be able to partake in both parents' standards of living.

Child support will improve the standard of living of the custodial parent because it improves the child's standard of living. As a result, child care helps to narrow the gap between the living standards of each parent.

According to California law, the parent who spends the most time with the child already commits a large portion of his or her resources to the child. This assumption can be disproved.

The child support guidelines in California are intended to mitigate disputes and litigation.

So, what does it all mean? It means that California's top priority is the child's best interests. Do California's child benefit laws actually function as planned by the legislature? The California legislature wanted to ease the procedure when it passed and revised our child support legislation. Did they unintentionally make things more complicated?

Though California's child support laws are intended to expedite and simplify the procedure, four problems often obstruct it.

1. Parents who irritate or interfere with the time spent with their children by the other parent: This occurs in matters of parental gatekeeping, which may result in parental alienation. This is done by a parent to artificially raise his or her own time and, as a result, child care.
2. Parents, who have no desire to spend quality time with their children but need parenting time that they do not want or can handle: What is the reason for this? It's to reduce their child care exposure artificially.
3. Parents who fail to work when they have the desire, willingness, and opportunity to do so: Remember that supporting a child is a shared responsibility. It isn't solely the responsibility of the noncustodial parent. Unfortunately, most parents are unaware of this and believe that just because they earn more money, they must shoulder all of the responsibility.
4. Parents who lie about their compensation, sometimes saying it is less than it is, in order to pay less than the minimum amount of child support required by California law.

Is it necessary for the Family Court to obey the California child support guidelines?

Not in every case, but there must be a valid, legal reason for departing from it. For purposes not allowed by statute, California courts cannot simply refuse to order the guideline child support number. Since the guideline child support number is assumed to be right, this is the case.

This assumption of correctness can be refuted on either side of the argument. The court must provide admissible proof that the rule formula, in this case, would be "unjust or unacceptable." What factors will the court take into account? We've included it in this list.

By the way, the individual who wants the court to depart from the guideline formula must convince the court that it should do so.

The following is the list:

1. "Under Section 4065, subdivision (a), the parties have agreed to a separate amount of child maintenance."
• That's a fancy way of saying the parties came to an agreement on a different price.
2. If you're looking for a "The sale of the family residence is postponed under Chapter 8 of Part 1 (beginning with Section 3800), and the rental value of the family residence where the children live exceeds the mortgage payments, homeowner's insurance, and property taxes. Any change made in accordance with this paragraph must not be greater than the excess number."
3. "The individual who is ordered to pay child support has a very high salary, and the sum calculated using the formula will be in excess of the children's needs."
• California's child support guidelines become excessive at some stage when the other parent's income is so high that using the computer formula will result in much more than the children need. Keep in mind that children are expected to share in their parent's lifestyle, so this section does not imply that rich parents get a discount on child support.
4. "A group is not responding to the children's needs at a pace that is commensurate with its custodial period."
• Isn't it assumed that the custodial parent would devote the majority of his or her resources to the child? What happens if that's not the case? The duty of evidence is on the noncustodial parent to prove this.
• "According to the unique circumstances of this situation, applying the formula would be unjust or unacceptable. These unusual circumstances can include, but are not limited to:
• Situations in which the parents' time-sharing plans with their children vary.
• Situations in which both parents share substantially equal time with their children and one parent spends a significantly lower or higher percentage of his or her income on housing than the other.
• Situations in which the children have specific medical or other requirements that necessitate child care in excess of the formula number.

If the court considers any of these factors to be true and decides to deviate from the California guideline support number, Family Code 4056 mandates that the court take a certain action. The following is what the Family Court would state:

1. The amount of assistance that would have been ordered if the guideline formula had been followed.
2. The reasons why the amount of assistance ordered varies from the amount calculated using the guideline formula.
3. The reasons why the amount of assistance ordered is in the children's best interests.

Upon request of any party, the court shall state the following details used in deciding the guideline number under this article in writing or on the record:

1. Per parent's net monthly disposable income.
2. Each parent's actual federal income tax filing status (such as single, married, married filing separately, or head of household and number of exemptions).
3. Deductions from each parent's gross income.
4. The estimated percentage of time that each parent has primary physical responsibility for the children in comparison to the other parent, is described in paragraph (1) of subsection (b) of Section 4055.

Is it possible for parents in California to consent to less or more child support than the State Guideline requires?

Though child support arrears cannot be waived, parents can choose to pay less or more than what the California child support guidelines prescribe. If it is less, courts scrutinize the arrangement more closely before approving it. If it's more, you'll notice that it's normally accepted without hesitation.

Is it possible for a parent to be ordered to provide protection in exchange for child support payments?

Yes, indeed. For the payment of child maintenance, parents are often expected to provide security. This isn't needed. The Family Court has the authority to decide if it is necessary in a particular case, and the amount ordered must be fair. Between Family Code 4560 and 4573, there are some parts of the California Family Code that deal with this. "Up to one year's child support, or a such lesser sum as is equal to the child support amount required to be charged by the child support obligor between the time of the order and the date when the support duty will be terminated by operation of law," the order states.

In California, establishing child support is a complicated process.

You must first ensure that you have court-ordered child support in place before you can impose it. You won't be able to enforce your child support arrangement in court if it's just an oral agreement between you and your child's other parent. If you and your partner will settle on a support amount, you must put it in writing and have it accepted by a judge; if the court decides that the amount is in your child's best interests, a judge can issue a child support order based on your agreement.

If you and the other parent can't come to an agreement and you need child support, you'll need to file a child support lawsuit with your county supreme court. You can do this in one of many ways:

1. on your own, using the California Courts' website's child support forms
2. retaining a private solicitor to file a child support petition on your behalf, or
3. Request that the local childcare provider open a case on your behalf and apply for child support. The California Department of Child Support Services is the local child support agency in California (DCSS). To locate a DCSS office near you, go to their website.

Child Support Compliance in California

There are many ways for a court to impose a child support order and assist a custodial parent in collecting outstanding payments after it has been created.

Contempt

A child support order can be enforced in California by keeping the non-paying parent in "contempt" of court. A judge will hold you in contempt if he or she thinks you knowingly disobeyed a court order.

Contempt may be either criminal or civil in nature. The court will require the delinquent parent to pay fines or spend time in prison if he or she is found in criminal contempt.

A parent who is found in civil contempt may be imprisoned but can be released after paying a certain amount of back child support. A court may also impose a mixture of civil and criminal penalties for contempt.

The party attempting to enforce child support in court (referred to as the "plaintiff") must first file a motion for contempt (a written legal request). If the custodial parent has died, the child, or someone acting on the child's behalf, can file the motion, which can be filed by the custodial parent, the county where the child resides (if the county has paid care for the child), or the local DCSS office.

A petition for contempt relating to non-payment of support has a statute of limitations (meaning a time limit) in California. You have three years to file a contempt case against a delinquent parent from the date the payment was due (but not paid). If the other parent does not pay child maintenance for six years, you can only bring a contempt action for the last three years of payments. If the noncustodial parent fails to pay, sue for contempt at least once every three years to ensure you obtain any past due to child support.

Additional Support Orders Issued by the Court

The court will schedule a hearing if you have applied for contempt against a delinquent parent for failing to pay child support. If the court claims the delinquent parent willfully failed to pay, the judge will impose a variety of penalties. When a judge finds a delinquent parent in contempt, he or she has the following options:

• A delinquent parent can be fined up to $1,000 and sentenced to up to five days in prison, but judges rarely punish parents because the money will be used to pay back child support.
• A negligent parent is sentenced to community service. A first or second contempt could result in a sentence of up to 120 hours, and a third contempt could result in a sentence of up to 240 hours.
• order a delinquent parent to reimburse the custodial parent's legal fees and other costs of implementing the child support order
• request that the property of a delinquent parent be sold to pay child support
• the order that a charge be levied on the real property of a delinquent parent, such as a house or land
• order the withholding of a delinquent parent's income in order to pay child support
• the order that money from a delinquent parent's bank accounts be garnished for past-due child support, or
• the order that a delinquent parent's pension scheme, veteran's disability benefits, community property held by a delinquent parent's partner, Social Security disability benefits, unemployment compensation disability benefits, employers compensation, lottery winnings, and most other sources of income for a delinquent parent be used to pay past child maintenance.

Although certain federal benefits may be excluded from garnishment, a judge may order that any money received by a delinquent parent be taken away and returned to the custodial parent for child support. Contact a Los Angeles family law attorney for advice if you have specific concerns about whether a court will garnish those benefits to pay for child support.

You should be aware that if a delinquent parent lacks the financial means to pay child support, the court will not find him or her in contempt. However, parents who say they are unable to pay must justify their inability to pay in court with proof of their income and properties (or lack thereof).

When a child reaches the age of 18, the noncustodial paying parent is also liable for child support unless it is paid in full. You must also file within three years of the assistance due date.

You may file a motion for contempt on your own or employ the best family law attorney in Los Angeles to do so on your behalf if you are a custodial parent trying to impose support and recover delinquent payments. You may also apply to the local DCSS for child care services, including compliance.

Other California Penalties for Non-Payment of Child Support

Other provisions exist in California for failure to pay child support. The Department of Motor Vehicles can refuse to issue or renew a parent's driver's license if he or she is more than 30 days behind on child support. Delinquent parents will obtain a temporary license (valid for 150 days), but the state will not extend the temporary license or grant a permanent one if they do not pay their child support. The state can revoke a parent's license if they are 120 days or more behind on their payments.

Finally, DCSS maintains a list of delinquent parents and reports them to credit reporting agencies, potentially resulting in a credit rating downgrade. Many considerations go into calculating child support in California.

When measuring California child support, the three most popular and significant variables are:

1. The number of children who are eligible for financial assistance.
2. The amount of time each parent spends with their children as a parent.

Each parent's net disposable income, but don't be fooled; the computer software calculates your net monthly disposable income based on your gross income. How does it do this? By assuming legal facts, such as the tax base. I understand if this leaves you scratching your head, but consider this: guideline child support is designed to make the process easier, which often means taking a shortcut.

These aren't the only things to consider. They are simply the ones who have the greatest influence on the amount of child support owed. If there is more than one child, the child support program allocates the funds so that the youngest child receives the maximum amount of support for one child, and then each additional child receives a downward adjustment. For your purposes, the distribution is irrelevant since the computer software determines it for you. The court will order a different allocation between the children if the parents consent.

Health insurance coverage is required by California child support laws.

A provision for "medical care" must be included in any child support order. This is in addition to the child support guidelines. Medical care is an order by a Family Court that one or both parents must provide health insurance to their child whether it is available for free or at a fair cost. Medical, dental, and vision insurance are also covered by health insurance. What constitutes reasonableness? Typically, employer-sponsored group health insurance programs and plans that do not surpass 5% of a parent's gross income are considered fair. The one piece of good news for parents who pay for health benefits is that it is a line item deduction when calculating child support guidelines. As a result, both parents are contributing to it because it reduces the child support commitment by a certain amount.

A paying parent can apply to be exempt from having health insurance, and there are forms available to do so, but courts aren't always sympathetic to those requests because they want to see their children covered. Sections 3750 and 3753 of the California Family Code provide useful information on health care and child support.

Child Support Add-Ons in California

Add-ons to child care that are needed

The following are necessary add-ons:

Expenses for uninsured health care

California child maintenance orders also include uninsured health care expenses. They may be ordered, split 50/50, or any other allocation that the court deems fair and in the kid's best interests.

Uninsured medical, dental, and vision bills are typically split 50/50 or by some other number. It's the same as not paying for child care if you don't pay those.

The amount charged for the children's uninsured health insurance is presumed to be fair, but Family Code 4063 contains an exception to this law. It, like almost any other presumption in family law, can be debunked.

Uninsured healthcare expenses are a topic that can lead to a lot of litigation. This is particularly true if one parent argues the treatment was performed without their permission or was not fair or appropriate.

What about child support orders and braces in California? Does that come into the category of uninsured medical costs?

This is another question that often arises. Is it possible for one parent to make the other pay half or split the expense of braces?

It helps if the braces were suggested by a dental professional. Suppose the braces are also essential (rather than just cosmetic); that helps even more. Is there a particular law that states whether braces are protected under uninsured dental costs and, as a result, are part of a child maintenance order or not? Not specifically, but most parents are aware of whether braces are a necessity, a privilege, or a mixture of the two, so the basic details usually govern this situation.

Keep in mind that uninsured healthcare rates are presumed to be fair, so there is at least a case to be made. The parent who is disputing the need for braces bears the burden of evidence.

Child care expenses as a supplement to child support

Child care related to work or fairly appropriate education or preparation for employment skills must be applied to child support, according to Family Code 4062(a)(1). While the court may order a different allocation, this number is usually split 50/50.

This money is often given to the other parent, but it may also be given to the child care provider. That may be the best option, particularly if there is a fair doubt about whether the parent requesting payment is actually incurring the cost. We see this in situations where a relative provides child care and claims a cost, but the cost is not actually charged by the parents who report it.

Add-ons to child care that are optional

Public vs. private education

The court has the authority under California child benefit laws to order the payment of private school expenses.

The Family Court has the authority to order private schooling expenses (including tuition), but it is up to the court to decide whether or not to do so. If a child has previously attended a private school, the odds of receiving such an order are higher than if the child has previously attended a public school.

Some children have unique requirements that necessitate private or specialized education. This is most frequently the case. Of course, each parent's financial capacity to pay is a consideration.

Extracurricular activity support for children

In addition, the court has the authority to order reimbursement for extracurricular activities. This is also very common when a child has been involved in such practices. The ability to pay is a consideration once more.

Expenses for travel

The court has the authority to require that visitation costs be charged. This can happen when a custodial parent needs to drive longer than normal to deliver the child to the noncustodial parent.

However, the more common scenario is where the noncustodial parent requests reimbursement for travel expenses to see the boy.

There is currently a legal dispute on this topic, so consulting a family law lawyer in Los Angeles about your particular situation is critical.

This is not to be confused with a situation in which a noncustodial parent asks the custodial parent to share travel expenses because the custodial parent moved with the child, even if with the court's approval. Such a request has direct legal authority, but if it is requested, how it is charged, and how much is up to the court's discretion and depends on the evidence.

What Is the Best Way to Begin the Child Support Process?

Child support cases in California often begin with the filing of a divorce petition.;

Actions to help children usually begin in one of two ways (although these are not the only ways)

1. A petition for divorce or paternity; or
2. A child support enforcement action by the California Department of Child Support Services, which the local child support agency handles.

A request for order is the first step in any child support intervention that does not include the Department of Child Support Services (which used to be called order to show cause).

The order request begins with a form called FL-300. There are other types of child care that are optional (you can use them or give the same information in a separate declaration). Attorneys use the forms on occasion but tend to type them out in a formal declaration to spell out the request's foundation. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

The income and expenditure statement plays an important part.

The justification for the child support request must be specified in some style, and a request must include an income and cost statement, which is an important part of the procedure. The child support request could be jeopardized if the declaration is incomplete. As an example,

If the parent who seeks child support fails to fill out the form completely, the request will be delayed or denied.

Suppose a parent who refuses child support fails to adequately complete the income and cost statement. In that case, it may result in monetary penalties against that parent, as well as conclusions about his or her income that the parent does not like.

Self-represented parents also fail to fully complete their income and expense statements. The most common errors include failing to complete all sections or omitting the income verification documents needed by sections five (wages, salaries, and so on) and section seven (taxes) (dealing with a self-employed parent). Self-represented parents are often prone to failing to correctly and accurately state their expenses.

When the order for child support is filed

The other parent must be presented with the child support request for order after it has been requested. Whether or not the parent has already been presented with the divorce or paternity petition determines the mode of operation. Depending on whether the other parent lives in California or not, the method of service can differ.

Deadlines

When service is completed, the other parent is given a deadline to answer. If the response is directly served on the other parent, the time is usually nine Court days before the trial. Serving the response by mail or in another manner ensures that it will be filed and served sooner (which means the responding parent has to move even faster to file and serve the response).

This is not the same as responding to a summons and petition. There is a completely different set of timelines that apply.

Court days mean you miss weekends and holidays, so nine days does not leave much time. As a result, a parent who has been served with a child support order must act immediately and employ an experienced child custody attorney in Los Angeles to prepare a response and attend the hearing.

Hearing on child support

For your child support hearing, please do not represent yourself. Child support laws and procedures in California can be complicated, so you'll want to hire a Best Family Law Attorney in Los Angeles.

The Family Court will review each parent's records, hear under oath testimony, and make a decision at the child support hearing. The Family Court will hear and rule on questions and disputes about parenting time, compensation, imputation of income, and other relevant disputes about child care that are factually or legally backed.

Whatever the court's decision is, it will almost always be recorded orally and in writing.

For self-represented parents, the court can issue a "minute order," which is another way of saying the Court clerk types down the Family Court's child support ruling on the computer in a typewritten format. After that, the court's record includes the minute order.

Whatever the court's decision, a list of the factors considered by the court in determining the California child support guideline number must be given.

Usually, Family Court judges can do so by accepting a lawyer's computer printout that lists these variables or by running its own number using the same or similar computer software and printing it out.

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