Anaheim Child Support Lawyer

Anaheim Child Support Attorney

Raising a child is already a difficult endeavor and can inflict significant financial strain on single parents, especially when the other parent fails to contribute to parenting costs. If you have any support payment issues, you need an Anaheim child support lawyer by your side.

What Is Child Support?

Any parent who does not have primary physical custody of a child will be asked to make regular monthly payments, known as child support, to the parent who does. This is based on the understanding that the parent with whom the child lives most of the time will incur greater expenses; these child support payments are intended to equalize both parents’ financial responsibility.

The annual cost of raising a child in California is $29,468, which is why child support payments are essential and ensure that both parents are contributing fairly to the expenses of raising their child. Payments should help cover the cost of basic needs, including food, clothing, healthcare, and housing. There may be add-ons, depending on each family’s situation. Common add-on costs are:

• Daycare or babysitting
• Extra healthcare needs, like medication, therapy, counseling, or orthodontics
• Extracurricular activities, like sports, clubs, or camps
• Educational costs, like tutoring or special education
• Travel expenses for visitation

Child support payments will continue until the child turns 18 and graduates from high school, gets married, registers a domestic partnership, joins the military, or emancipates. Support payments could go on longer if the child has a disability or the parents agreed to an extended support period, such as if their adult child is in college.

How Child Support Is Decided by California Courts

California courts calculate child support using a standard statewide calculator. However, they can deviate from these guidelines depending on the needs of a child or familial circumstances. California Child Support Services provides an online calculator to help parents estimate the amount they may pay.

Child Support Modifications

Things in life change, which means an existing child support order may no longer fit your circumstances. Either parent can open a case with the Orange County Department of Child Support Services (OC CSS) to request a modification, but they must be able to prove a substantial change in circumstances, such as:

• A job change that results in an income increase or decrease
• A parent or child has acquired a disability or new medical challenges
• A parent was incarcerated
• Either parent is deployed to active duty
• The adoption or birth of a new family member
• The loss of a family member
• Changes in custody or visitation

If you are unsure if your change in circumstances is enough, reach out to an experienced attorney who can evaluate your situation and provide advice on how to move forward.

When a Parent Fails to Pay Child Support

California law requires both parents to financially support their children. Just as with any financial obligation, any parent who fails to pay their child support may experience consequences. The non-compliant parent could have their wages garnished, liens may be placed on their property, their tax refunds may be seized, or a levy could be placed on their bank account. Additionally, their driving or professional licenses may be suspended.

How Can The Law Offices of Ronda A. Middleton Help With Your Child Support Issues?

Ronda A. Middleton can provide experienced legal counsel to help you achieve a fair agreement in any child support matters, including:

• Initial orders
• Modification of orders due to a change in circumstances
• Enforcement of orders against parents who are not paying
• Seeking or defending against retroactive child support payments
• Terminating orders

FAQs

How Is Child Support Calculated in California?

California calculates child support through a statewide guideline formula. The formula calculates potential child support amounts by taking both parents’ combined net disposable income, the earnings of each parent separately, and the time each parent spends with the child. The court system has the discretion to modify this amount depending on the circumstances of the family and any children’s needs.

Can Child Support Be Modified?

Yes, child support orders can be modified, but the person requesting needs to show they had a “substantial change in circumstances.” This could be a change in income, family size, or custody or parenting time. Additionally, the needs of the child may have changed, or a parent may have been deployed, incarcerated, or institutionalized.

What Should I Do if My Child Support Modification Request Is Rejected?

If the OC CSS denies your request, it does not mean that your request has hit a dead end. You may take action on your modification request. The next step is to appeal the decision with the California Court of Appeal, Fourth Appellate District, Division Three. In a court proceeding, a judge or commissioner will carefully consider all presented evidence related to the requested modification and make an informed decision from there.

Do I Need a Lawyer to Handle Child Support?

It is not a legal requirement to have a lawyer for child support issues in the state, but it is highly recommended that you retain one. California’s child support laws and court procedures are usually complex and can be a challenge to navigate on your own. Your lawyer can provide valuable support, such as helping you understand your rights and obligations, accurately completing and filing paperwork, representing you in court, negotiating settlements, and ensuring that any orders are fair and in the best interests of your child.

What Happens if the Other Parent Doesn’t Pay Child Support?

If a co-parent is not making their court-ordered child support payments, it is recommended you consult with a family law attorney in Anaheim. They can advise you on what courses of action you could take and support you throughout this decision. Some common remedies may include wage garnishment, levying bank accounts, intercepting tax refunds, and, in extreme cases, criminal prosecution.

Speak With an Anaheim Child Support Attorney

If you need assistance with child support matters, whether it involves initial establishment, enforcement of existing orders, modifications, or addressing any challenges, you should seek legal guidance. Contact The Law Offices of Ronda A. Middleton to discuss your child support issues and other family law matters.