Glendale Child Support Lawyer

Child custody and support are often among the most contentious aspects of divorce and separation proceedings. By trusting a knowledgeable Glendale child support lawyer to handle your case, you can expect effective representation and the protection of your rights. At Khalaf Law Group, a family law firm, our team of attorneys is well-equipped to help you with any child support issues you have.

What to Know About Child Support in CA?

California states that each parent is responsible for caring for their child and, therefore, must financially support the child. Child support is an amount of money that family court tells a parent to pay to their co-parent each month. Typically, support payments are paid to the parent that primarily cares for the child, the parent with whom the child lives with most of the time. There may be exceptions to this depending on the income of each parent.

This money goes towards funding the child’s living expenses and ongoing well-being. Additionally, support payments cover future expenses, such as medical and dental costs, vacation expenses, costs of extracurricular activities, and private school expenses. It’s possible for parents to agree on how to share this responsibility without the court’s intervention, but if they cannot, either party can ask the court for a child support order.

Child support orders outline how the parents share this financial responsibility for their child, the amount of each monthly payment, how each parent should handle emergency costs, and other terms, such as requiring that child support be directly deducted from the paying party’s paycheck. Child support usually ends when the child turns 18 and graduates from high school.

If the child cannot support themself financially and goes to high school full-time, support payments don’t stop until they graduate or turn 19, whichever occurs first. Support can also continue after this age requirement if the child is disabled and cannot support themselves financially or if the parents agree on continuing support payments.

Child support may also end when the child gets married, enters a domestic partnership, joins the armed forces, becomes emancipated, or dies.

How Does the Family Court Calculate Child Support?

California family courts follow a guideline when determining child support payments. This guideline takes multiple factors into account, such as how much each parent earns, how the parties file their taxes, how much time each party spends with their child, and other relevant details. This government-provided calculator can help you achieve a rough estimate of how much your custody payments may be.

You can also choose to consult with a child support lawyer about getting an approximation of what you’re likely to pay in support. Glendale family lawyers understand court processes, and they recognize the external factors judges might take into account that may not be included in the generalized calculator.

Obtaining or Modifying a Child Support Order

When asking the court for a child support order, the paperwork you need to file depends on whether you have an already active family law case, such as a divorce. If you don’t, you must start a family law case in order to request for a judge to decide on child support or ask them for approval on a predetermined support arrangement.

The process may also differ if you want the Local Child Support Agency (LCSA) or the Department of Child Support to be involved in the case. This agency provides children with sufficient financial support for their needs. Child support orders can be changed if the paying parent is making less money, the receiving parent is making more money, or if child custody terms change, such as the paying party spending more time with their child.

If parents agree to the change, they can file a written agreement with the family court judge to sign. Otherwise, either party must file a Request for Order that asks for the support arrangement to be modified. If LCSA is involved in the child support case, they must also approve any changes to the support agreement and the process will be slightly different.

When Can a California Judge Deviate From the Standard Child Support Formula?

California uses a statewide guideline formula to calculate child support in most cases. This formula considers standard data like the income of both parents, the time each spends with their child, tax obligations, and certain allowable deductions.

In many cases, a judge will follow this formula strictly to reach a child support amount and schedule. However, there are situations where some outcomes may differ. This is because a judge can use their own discretion to make specific rulings in extreme circumstances.

If you believe your situation may qualify as one of the extreme examples where special considerations are necessary, hire a child support lawyer to help make your case.

Exceptionally High-Income Parents

One situation where a court may consider deviating from the guideline formula involves extraordinarily high-income earners. Though the median household income is $89,055, some households earn well into the six- and seven-figure brackets.

While these higher earnings can sometimes result in higher child support obligations, there are situations where the calculated amount exceeds the child’s needs. If a parent is one of the 800,000 U.S. citizens who earn a million dollars annually, this could go far beyond the standard needs to keep a child healthy, nourished, and supported.

This does not mean high-income parents are guaranteed to pay less. It simply means that judges may use additional considerations in the interest of fairness and balance.

Children With Significant Medical, Educational, or Psychological Needs

In Glendale, about 18.4% of the population is under the age of 18. However, not all of these young people face the same challenges. Some deal with pervasive medical issues, including mental health issues that may or may not be exacerbated by the divorce their parents are going through. These needs could necessitate more funding for medicine, therapy, and other resources.

The same is true for education. If a child needs additional resources to help them study, catch up in school, or reach their full academic potential, this may also be considered in child support hearings.

Courts may review medical records, educational evaluations, treatment plans, and other evidence to make these special considerations. This support may be ongoing for long-term needs, or it may be adjusted as a child’s needs change with age.

Children With Independent Financial Resources

Although uncommon, another circumstance where a child support case may face unique considerations is when a child has substantial financial resources of their own. The most common situation where this occurs is when a child has assets, trusts, or other financial resources in place for them by family members or friends of family members.

Courts must factor these matters into their final decision for multiple reasons. These resources may mean a child needs less from the parent they don’t currently live with. Sometimes, payments must be determined in such a way that they fund a child’s needs before a trust kicks in. Support obligations can be adjusted when a child’s existing financial resources are sufficient in amount to support their needs.

When you need a defense attorney or skilled legal counsel who understands child support laws, look no further than our firm. Even if your case has unique circumstances like those listed above or others, our legal team can work diligently to help you pursue a fair result that’s sensible based on the evidence in your case.

FAQs

Is Child Support Required in California?

California family law requires that both parents must provide adequate care in raising their child, including through the responsibility to provide financial support. Unless a party waives their parental rights, they must provide monthly child support payments to the custodial parent. Depending on the income of each parent, sometimes the custodial parent may be the one ordered to pay child support to the non-custodial parent.

How Do You End Child Support Payments?

Child support typically does not end until the child turns 18 and graduates high school. If the child still attends high school at the time they turn 18, child support must continue until they turn 19 or graduate. Support payments may also end if the child gets married, joins the military, is emancipated, or passes away. If your child no longer requires support payments, you must file a request to end the court order.

What Is the Process for Changing a Support Order?

If you believe your current support order should be changed, consult with a child support lawyer to see whether you qualify and to help you with the proper paperwork. You can only request that a child support order be modified if one or both parents’ financial situation changes or if there are changes in custody, such as the paying party spending more time with the child.

How Does the Judge Determine Child Support?

In California, a family court judge considers numerous factors before determining what amount of child support payments is most appropriate for a specific case. These factors include the age of the child, whether they have any medical or special education needs, the standard of living they would’ve had had the parents stayed together, each parent’s income, and other relevant details.

Hire a Child Support Lawyer Today

Khalaf Law Group has successfully assisted countless clients with determining child support, as well as enforcing and modifying support court orders. Our team brings a decade of experience in child support case management, and we’ve gained a strong reputation in the California legal system. Contact our team today to schedule a meeting with a Glendale child support attorney.