Orange County Child Support Lawyer

Orange County Child Support Attorney

When married parents divorce, the effects of that divorce can have long-lasting consequences on their child. Even the most amicable divorces can lead to instability in a child’s life without a proper child support plan. To protect your child and your ability to care for them, it’s essential that you discuss your needs with an Orange County child support lawyer from the Law Offices of Ronda A. Middleton.

Comprehensive Legal Counsel in Orange County

Our firm strives to make family law cases in Orange County as low-conflict as possible to protect families from the high emotional tension of legal proceedings. The safety and well-being of your children are our top priority during child support and custody cases. We can assist you at whatever stage of child support proceedings you are in with understanding and sensitivity. Whether you are creating a child support plan for the first time or requesting modifications to an existing plan, we can help.

Understanding Child Support Guidelines and Processes in California

In California, both parents are required to support their child after a divorce. The extent to which both parents contribute to that support is typically determined by the court and then agreed upon by parents. Courts do not have the discretion to assign child support amounts. They do, however, provide guidelines for determining support amounts.

It is up to the parents to make an agreement on child support amounts. This can and should be accomplished with the guidance of a child support attorney to avoid any unfair outcomes in contribution. Once the terms of child support are agreed upon, the court will approve these terms, setting them into effect, even if they do not follow the guidelines provided by the court.

If parents cannot come to an agreement on child support amounts, court involvement may become necessary. When this happens, the court will use the established guidelines to come up with a child support amount payable. In this case, the court will assign child support payments.

How the Courts Calculate Child Support in California

Child support amounts are calculated based on guidelines set by the state of California. It does not set a fixed amount of support per child but instead asks many questions surrounding the financial intake and statuses of family members, including:

• How much money does each parent make?
• How many children need support?
• How do parents file taxes?
• Are there any educational expenses?
• How much time do they each spend with their children?

Other factors may be taken into consideration during mediation. At the Law Offices of Ronda A. Middleton, we understand that every family comes with a unique set of challenges and circumstances. We aim to provide resources for all families to create a child support plan that works for them.

How Long Do Parents Have to Pay Child Support in California?

A child support payment plan has several potential end dates. Your responsibility of support can end when the child:

• Turns 18 years old and has graduated from high school
• Turns 19 years old
• Gets married
• Becomes emancipated or otherwise legally free

If the child cannot support themselves into adulthood due to a disability, the court may order extended support from parents.

The court has no jurisdiction over the costs of higher education, though parents may decide to write terms of contribution into the agreement. This can look like a stipulation for support payments that extend past the child’s high school graduation or a regular contribution toward a college savings account. Additionally, parents may choose to write in terms of private schooling or private healthcare fees, although these are not court requirements.

Reasons You Might Need to Change Your Orange County Child Support Order

As children grow, their changing needs may warrant different financial arrangements. Child support arrangements can be modified to rise to the unique challenges of raising your child. Some of the reasons a child support order may need to be modified include:

• You are currently making less money than at the time the order was made
• Your income has increased since the time the order was made
• The other parent’s income has decreased or increased
• Your time with your child has increased
• One parent is unable to spend time with their child due to a legal charge, military deployment, or other relocation.
• Changes to the number of members in your family
• You would like to make changes to custody or visitation agreements

With so many factors to consider, it can be overwhelming to approach your existing support plan again. With the help of a seasoned family lawyer, you do not have to be intimidated by the process of establishing and modifying a child support arrangement.

How Do I Request a Child Support Modification in Orange County?

It is important to note that it is not necessary to have legal representation to request a modification for your child support arrangement. However, you can benefit immensely from the guidance and support of a family lawyer in these situations. Our team can help you gather the necessary paperwork to file for a modification and ensure it gets filed correctly. Note that you can request a modification to your arrangement for free.

The documents you will need to request a modification include:

• Proof of income (including unemployment benefits and retirement income)
• A breakdown of childcare expenses
• A copy of the most recent custody and child support arrangements
• Proof of disability status
• Medical insurance information

After you and your attorney submit a petition for a modification, a local child support agency can look over the circumstances surrounding your case and determine whether the requested modification is necessary. You may only be allowed a certain amount of your requested modification.

Alternatively, two parents may agree in advance to updated child support terms. To accept these new terms, you and the other involved parent must sign a stipulated agreement declaring that both parents have agreed. This stipulated agreement will list the specific terms that were agreed upon. Afterward, both parties are required to attend a court hearing, wherein a judge will make the final decision and approve the new terms.

Can I Still Modify a Custody Agreement If the Courts Reject My Request?

Not all custody arrangement terms are accepted and approved. A child support agency may reject your request if they feel it is unnecessary. This does not automatically bar you from receiving this modification. You may elect to pursue this modification in court with the help of an Orange County child support lawyer.

During a court hearing, a judge will examine all the evidence you provided for a modification. Here, they will make an informed decision on whether to grant you the modification.

FAQs

What Is the New Child Support Law in 2024 in California?

In the summer of 2024, California’s guidelines for determining child support amounts took effect. Adjustments can be made to guideline-determined amounts to protect low-income individuals who cannot afford childcare costs. New child support laws will allow Child Support Services to send more money to families who receive public assistance through the CalWORKs program, making support payments a more reliable income source.

Can I File a Claim Against My Father for Child Support in California?

In most cases, it is the responsibility of the parent who is receiving support to file a claim against the parent paying support. Since child support payments are not paid directly to the child but to the lower-earning parent, the child cannot file a claim against their parent. However, it is possible for the child to file a claim against a parent after the child comes of age or becomes independent. An attorney can help you decide whether it is wise to pursue a claim.

How Far Behind in Child Support Payments Can You Be Before a Warrant Is Issued in California?

In California, a warrant may be issued for the arrest of a parent who refuses to pay child support if it is found that they have the ability to pay. This refusal would result in the parent being found in contempt of the court. Disciplinary action can come in the form of a driver’s license suspension, passport suspension, interception of tax refunds, and more.

How Much is Child Support for One Kid in California?

It is difficult to estimate how much child support in California can be based solely on the number of children. Other factors at play include how much money both parents make, if the parent’s income increases or decreases over time, and how much time a parent spends with their child. For a better estimate of potential child support fees, it is worth discussing the specifics of your case with an experienced child support lawyer.

Set Up a Consultation With a Seasoned Orange County Child Support Lawyer

Throughout your child’s life, you strive to provide them with positive experiences. Although divorce can result in significant disruptions, working with an experienced lawyer can help you relieve some of those disruptions and go through each legal process as smoothly as possible. If you need help with a child support case in Orange County, do not wait to contact the Law Offices of Ronda A. Middleton today.