Los Angeles Child Support lawyer

Experienced LA Attorneys Helping Parents Understand California Child Support Laws & Guidelines

Despite the fact that both parents have a responsibility to support their minor children, coming to a child support agreement with a former spouse or partner is incredibly stressful and often difficult. At Marmolejo Law, Attorney Diane Marmolejo works hard to ensure that your child’s best interest remains the number one priority, and she will be you and your child’s fiercest advocate.

Every family law attorney here believes a personal relationship with our clients is vital. As a family-owned, local practice, we are always available when needed. Our Marina Del Rey and Los Angeles child support attorney will work diligently to investigate your case, negotiate on your behalf, and help you feel confident when you go into court.

Marmolejo Law is here to answer your questions regarding child support. If you need help from an experienced Marina Del Rey & Los Angeles child support attorney, call our team today (310) 736-2063 or fill out our online contact form.

What Are the Child Support Laws in California?

The parent who takes care of the child most of the time, or the “custodial parent,” typically receives child support payments from the parent with less parenting time, or the “non-custodial parent,” since it is assumed that the custodial parent is spending money on daily expenses for the child. However, depending on the circumstances, the family court in Los Angeles may also order both parents to pay child support.

Understanding Child Support Payments in California

Child support payments in California are legally required until the child reaches the age of 18, or until the age of 19 if the child is still in high school and lives with one parent. Parents may also agree to extend support if they desire, or the court may order it if the child is unable to become self-supporting due to a disability.

The support may end earlier if the children gets married, joins the military, or becomes self-supporting.

How Far Back Can Child Support Be Claimed in California?

A California court may order retroactive child support payments for up to three years between the filing date and the court order date. For example, if a divorce takes four years, child support can only go back three years.

If a parent attempts to avoid paying child support by refusing to work or working less, the Los Angeles family court will “impute” their income, meaning calculate an expected payment amount based on employment history, education, training, etc. If payment is not made or made on time, the court may enforce the order by directly taking the payments from the parent’s paycheck.

How to Calculate Child Support in California

The state of California has a complex formula on how child support payments will be calculated. While there are many online calculators to assist you, here are some general factors to consider:

• The gross income of each parent
• the percentage of time each parent will spend with the child
• Any income tax deductions that are able to be claimed
• Payroll deductions such as health insurance
• The cost of child care which each parent will be responsible for

Is Child Support Mandatory in California?

Typically, child support orders in California must be followed, as child support is the right of the child, not the parent. Child support orders are to put responsibility on the parent so that the child's best interests are met. The one exception to this is if both parents agree to waive support and no terms are in dispute.

Still, the final decision lies within the hands of the court, and they must see that both parents are capable of providing for the child without aid. Lastly, these waivers are not meant to be permanent, you may request a decrease or increase in support if circumstances arise.

Navigating Child Support Modifications

Life is full of changes, and sometimes those changes can affect your child support arrangements. Whether you’ve experienced a change in income, employment status, or custody arrangements, understanding how to modify child support is crucial for ensuring that your child’s needs are met. At Marmolejo Law, APC, our experienced attorneys can guide you through the process of modifying child support, ensuring that your rights and your child's best interests are protected.

Key reasons for modifying child support include:

• Change in Income: If you or the other parent experiences a significant increase or decrease in income, it may warrant a modification.
• Changes in Custody: Alterations in custody arrangements can impact the financial responsibilities of each parent.
• Health Care Needs: If your child has developed new medical conditions that require additional financial support, this may justify a modification.
• Educational Expenses: Increased costs related to your child’s education can also be a valid reason for adjusting support payments.

Our team is dedicated to helping you navigate the complexities of child support modifications. We will work diligently to ensure that any changes reflect your current circumstances while prioritizing the well-being of your child. Contact us today to discuss your situation and explore your options.