Child Support Lawyer in Los Angeles

Determining Who Pays Child Support in California

Child support is a payment made by the parent who has the child or children for the least amount of time to the other parent to help care for and support the child. It is tax-free. However, child support payments in Los Angeles, California, are not tax-deductible by the parent who is making the payments.

In California, if a parent owes more than $2,500 in back payments, they may face a criminal warrant. There is no grace period for missed child support payments in California. Parents will begin to accrue interest and can face penalties for any late or unpaid child support obligations.

Child support is typically determined in one of two ways:

• Both parties agree to an amount and payment schedule (if any)
• Both parties go to the family court

If both parties choose to go to family court, they will take what is known as “DissoMaster” support.

This type of support considers the income of both parties, the amount of that income that’s regarded as disposable, custodial timeshare, healthcare of the child, and the tutoring or childcare that a party wants the court to consider when making a child support order.

Courts in Los Angeles can consider many types of income when using this formula, such as income from an investment or interest, or money earned from a business; they aren’t limited to the amount of payment listed on the parents’ tax returns.

• California Child Support Calculator: One important tool used during the determination process is the California Child Support Calculator. This system takes into account several factors, including the number of children involved, both parents' incomes, and the cost of healthcare and child care responsibilities. Understanding how this calculator works can provide clarity to parents unsure about how the amounts are decided and can help them be better prepared for discussions with a Los Angeles child support attorney.

In rare child support cases, the complex formula that California courts use to calculate child support payments will not result in an amount that feels fair to the parents.

For example, in cases of a very-high-income-earning spouse, the child support formula may produce an amount higher than would be necessary to raise the child under the lifestyle of their parents.

In other cases, a parent may be neglecting their child’s needs during their custodial time, so their percentage of custodial time doesn’t match the amount of money they spend on their child.

Contact our dedicated child support attorney in Los Angeles at (310) 929-6411 to schedule a free consultation.

What Child Support Covers in California

Child support is intended to help with a child’s living expenses, including items such as:

• Food
• Shelter
• Diapers
• Clothing
• School supplies
• Personal care items

It may also include the additional living space the custodial parent needs to pay to house the child (i.e., a parent has to have a two-bedroom apartment instead of one because the child is living with them).

• Additional Expenses & Considerations: Beyond basic expenses, California law permits certain additional costs to be covered by child support. These can include medical expenses not covered by insurance, extracurricular activities that contribute to the child's development, and essential childcare costs. Moreover, as children grow, their needs can evolve, necessitating adjustments in child support to cover changes in healthcare requirements, educational expenses, and other unforeseen financial demands. Consulting a knowledgeable child support lawyer in Los Angeles can be beneficial for managing these complexities.

Extracurricular activities, however, are typically not included. Both parties must consent if your child is interested in an extracurricular activity. If one party does not consent, the other must pay for the activity and enroll the child during their custodial time.

The Length of Child Support Payments in California

In California, child support continues until the child graduates from high school or turns 19, whichever is sooner. After that, parents may agree to share the costs of sending their child to college. Still, unlike some states,

California does not guarantee that parents will provide children with parental support through post-secondary education.

• Continuing Support for Special Needs: When dealing with children who have special needs or disabilities, the guidelines offer more flexibility. In these scenarios, child support may extend well beyond the usual cutoff, focusing on the child's lifetime needs. It provides necessary resources to cater to medical care, therapies, and educational support specially tailored to maintain a quality of life.

However, these rules change if you have a child with severe disabilities. Child support may continue for the duration of your disabled child’s life.

Maintaining Your Child's Lifestyle

In these and other child support cases, courts have the right to deviate from the formula-derived child support payment where appropriate. The parent asking for the modification from what the formula indicates will have the obligation of requesting the change and presenting evidence as to why the formula-derived amount isn’t appropriate.

When requesting these types of deviations, the help of a skilled, seasoned child support lawyer serving Los Angeles County can be invaluable.

The goal of child support isn’t simply to provide the bare minimum amount that the parent will need to feed, clothe, and shelter the child. Child support is intended to provide children with a lifestyle that corresponds with that of their parents.

Support payments should be structured so that both homes have similar abilities to provide for the children. In some cases, this may mean support payments will also be used to improve the lifestyle of the other parent and the child.

For example, the parent may use child support payments to help them afford to move to a different neighborhood or into an ideal home, providing the life and family that the child needs to thrive.

The residential parent may enjoy an incidental benefit while giving an appropriate lifestyle for the child, but this does not mean that the child support costs are inappropriately high.

It is also important to note that stepparents are never obligated to support their stepson or stepdaughter unless the stepparent legally adopts the child.

Changes in a Child Support Agreement

Your child support agreement is not set in stone. Various factors may come into play and be considered should you wish to modify a child support agreement.

Parents can leave the courts out of their child support discussions if they agree to modify the terms of their child support agreement. If both parties can agree, then all that is necessary is for a judge to sign off on their agreement.

If both parties cannot agree to a modified amount, then a parent may need to go to court and explain the nature of their change in circumstances. A court may then choose to make a temporary or permanent child support modification.

• Challenges in Modifying Agreements: Navigating the modification process can be challenging. Factors such as a parent's change in employment, any serious injuries, or alterations in the child's needs require thorough documentation and, often, legal guidance. Successfully arguing for a modification demands a clear presentation of new circumstances and the ability to demonstrate how these impact the current support arrangement.

Some scenarios where a child support agreement may be temporarily modified include:

• The child is facing a medical emergency
• A parent is facing a temporary medical or financial hardship
• The payer is temporarily unable to pay (i.e., because of an illness, a medical emergency, etc.)

A permanent agreement may be modified if:

• A parent remarries and the new spouse’s income significantly raises that household’s income
• A parent loses their job or changes to a new job with a much higher or much lower income
• The needs of the child change significantly
• There is an increase in the cost of living
• One or both parents become disabled
• Child support laws change

A permanent modification will remain in effect until either:

• Support is no longer required; or
• The order is modified at a later time because of another change in circumstances.

Do not delay in modifying a child support order, particularly if you are facing financial hardship. Any payments that go unpaid become “arrears,” which can lead to negative consequences.

How Our Child Support Lawyer in Los Angeles County Can Help You

Lavinsky Law prides itself on being transparent and providing parties with everything they need to know before they decide how they choose to proceed. Clients leave our office knowing how our attorneys can help, and they understand the benefits and the drawbacks of going to court.

Our experienced child support attorney in Los Angeles County provides our prospective and retained clients with information about the importance of establishing a child custody plan, how it impacts child support, and how much both parties may be expected to pay.

Understanding California's Child Support Guidelines

The state of California provides specific guidelines to determine child support amounts. These guidelines are set to ensure fairness and consistency across all child support decisions. In Los Angeles, these guidelines take into account both parents' incomes, the number of children, tax deductions for each parent, and time spent with the child. Understanding these factors gives both parties a clearer view of what to expect and helps streamline the process involved in finalizing support amounts with a Los Angeles child support attorney.

Parents need to know that while guidelines give an estimated support figure, judges have discretion to adjust the amount based on special circumstances. This flexibility acknowledges that a one-size-fits-all approach may not suit every family's needs. Whether it's due to a child's particular health needs or the financial burden posed by living in an expensive city like Los Angeles, the courts strive to reach a fair resolution.

Ensuring Fair Parenting Time & Custody Arrangements

Parenting time and custody arrangements can directly affect child support obligations. In Los Angeles, courts generally favor arrangements that allow the child to spend ample time with both parents, believing frequent contact supports the best interests of the child. The presumption is that a shared parenting arrangement will better meet the child's emotional and developmental needs, and Los Angeles County courts are diligent in monitoring how custody arrangements impact child and parental welfare.

Every family is unique, and what works for one family may not be suitable for another. Factors including the child's school schedule, parents' work obligations, and other practical considerations play a role in determining appropriate parenting time. Los Angeles courts encourage parents to approach custody with a cooperative mindset, understanding that flexible, child-focused agreements are often the most successful.

SHIPley, CA's Approaches to Enforcing Child Support Payments

In Los Angeles, enforcing child support is a critical issue given the high stakes involved in maintaining a child's well-being. The California Department of Child Support Services works diligently to enforce support orders through various methods. Wage garnishment is a common enforcement tool, directing employers to withhold a portion of a parent's wages to pay for overdue support.

More severe measures can include the interception of tax refunds, suspension of passports, or even driver's licenses. Parents who refuse to comply with support orders may find themselves facing legal consequences, including fines and, in some instances, jail time. Lavinsky Law ensures that our clients understand these ramifications, providing the counsel necessary to stay compliant and proactive in managing their child support obligations to avoid enforcement actions. Our personalized, attentive approach ensures our clients are well-informed of their options and responsibilities.

Frequently Asked Questions

How Is Child Support Calculated in Los Angeles?

Child support in Los Angeles is calculated using a set of state guidelines that consider the income of both parents, the number of children needing support, and how much time each parent spends with the children. The California Child Support Calculator is an essential tool used by the courts to determine the estimated support obligation. It assesses factors like each parent's income level, tax deductions, mandatory expenses, and the cost of living, particularly in an area as expensive as Los Angeles.

Parents must recognize that while this calculator provides an estimate, the court has discretion to deviate based on special circumstances presented by either parent. Such deviations may include extraordinary medical expenses for one of the children or unique educational needs that demand additional financial support.

What Can I Do if My Child's Needs Change?

Situations where a child's needs change, whether due to medical issues or educational requirements, can urge parents to revisit their child support agreements. Should this need arise, Lavinsky Law can guide a parent through the steps necessary to request a modification of the existing support order. This involves demonstrating to the court the specific changes in the child's needs and how these changes impact the parents' ability to financially meet those needs.

Los Angeles courts require thorough documentation to justify any modification, and we assist our clients in assembling the necessary paperwork and evidence. We aim to present a clear, compelling case, ensuring the child's needs are prioritized and that any changes in support reflect those needs genuinely.

Can My Child Support Amount Be Adjusted If I Lose My Job?

Yes, if you lose your job or experience a significant drop in your income, you may be eligible to request a modification of your child support order. Given the volatile nature of today's job market, particularly in sprawling urban settings like Los Angeles, the courts understand that financial setbacks happen and aim to maintain fairness in support orders.

To initiate a modification, a Los Angeles parent must file a motion with the court providing evidence of their new financial situation. Lavinsky Law aids in this process, ensuring that all necessary documentation and legal arguments are properly presented. Our goal is to ensure that the adjustment process is smooth and done in compliance with California's support laws.

What If My Co-Parent Is Not Meeting Their Child Support Obligations?

Should your co-parent be failing to meet their child support obligations, Los Angeles offers several avenues to address the issue. Initially, it is key to document all missed payments and attempt to resolve the matter through dialogue. If this proves unfruitful, Lavinsky Law stands ready to assist in enforcement actions.

Options include contacting the California Department of Child Support Services for help in garnishing wages or accessing government benefits to secure owed payments. Our firm is equipped to file motions in court aimed at securing compliance from a non-paying parent, ensuring the child's financial needs are met.

How Long Does It Take to Modify a Child Support Order?

The time it takes to modify a child support order can vary depending on several factors, including the complexity of the situation and the responsiveness of both parties. Generally, once a request for modification is filed in Los Angeles Family Court, it can take several weeks to a few months for hearings to be scheduled and decisions to be made.

At Lavinsky Law, we strive to expedite this process by preparing detailed documentation and promptly responding to court requests. Our client-focused approach seeks to minimize delays by advocating efficiently on their behalf, helping ensure that any necessary changes to support orders are addressed as swiftly as possible.