Child Support Lawyer Orange County

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Trusted Orange County Child Support Attorney Protecting Your Child’s Future & Your Peace of Mind.

Are you a parent entitled to or obligated to pay child support? California child support laws are designed to protect your children, but disputes may arise regarding what is ‘fair’ for all parties. If you are in this situation, it is best to hire an Orange County child support attorney experienced in this area.

The child support system can be extremely confusing and complicated - it's not unusual to find yourself at odds with the person you need to pay or receive child support. Section § 3900 of the California Family Code formalizes the basic duty of both parents to support their children in a manner appropriate to the situation of the child.

Child support is the money one parent pays to another to help cover the costs of raising their children. In California, there are established guidelines that determine how much child support one parent must pay to the other.

It can often be very difficult to know your rights as a parent or guardian in this situation. The child support attorneys at Jos Family Law are committed to working hard for you and your children. Our experienced representation is geared to protect your rights as a parent and secure the best interests of your child.

Call (714) 733-7066 or contact us online to explore your options today

Understanding Child Support in California

Child support ensures the financial well-being of minors after their parents divorce or separate. It is the legal obligation of a parent, usually the non-custodial parent, to pay support to the custodial parent to support the child’s financial needs. In California, child support is governed by a statewide formula and specific guidelines.

Child support services are provided by the Department of Child Support Services (DCSS), which aids in the establishment and enforcement of child support orders. Married or unmarried, parents are responsible for financially supporting their minor children until they attain majority. The court determines the amount and frequency of child support based on factors like parental income, the amount of time each parent spends with the child, and the child’s needs.

The purpose is to cover the child’s necessities, such as food, clothing, healthcare, and education.

How is Child Support Calculated in Orange County?

Child support is calculated using a complex algebraic formula that takes into account each parent’s income, time spent with the child, the number of children, tax consequences, health insurance expenses, and childcare costs.

The formula carefully balances the child’s financial needs and the financial circumstances of each parent. Factors influencing the amount of child support in California are:

  • The Gross Income of Both Parents

    Income is directly proportional to child support. The higher the income, the higher the child support amount.

  • The Percentage of Time Each Parent Spends with the Child

    The amount of time each parent spends with the child will influence the child support obligation.

  • Tax Filing Status of Each Parent

    Tax returns & deductions will be considered by the court to determine child support.

  • The Number of Children

    Generally, the more children, the higher the total child support obligation.

  • High School Expenses

    All expenses related to high school, like tuition & extracurricular activities, may be considered by the court.

  • Discretionary Factors

    Additional expenses, such as health insurance premiums & childcare costs, may also be taken into account.

Remember that child support can be modified if there’s a significant change in income, loss of employment, or other relevant circumstances. It is important to consult with an attorney to know how much support you are entitled to or obligated to pay.

You can use the California child support calculator here.


Get In Touch

Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.

Contact Information

Please call, email, or contact our office online to arrange an appointment for your case today.

Establishing Child Support

Child support in California can be established by a child support order, either from the court or a local child support agency. The process of obtaining child support is complicated, which is why it's essential to hire an Orange County child support lawyer to navigate the process.

Our attorneys will file a child support request during your family law case. We will file the request for Order Form (FL-300) and a declaration of income and expenses (FL-150), establishing grounds that clearly show the gross income of both parents and the financial needs of the child. Once custody is determined, the court will consider whether the non-custodial parent needs to pay support and the monthly amount.

Our attorneys will gather all relevant documents, establish legal parentage if paternity is an issue, and represent you in negotiations or at trial to obtain a child support order.

We can obtain temporary child support as part of a domestic violence restraining order while your divorce is pending. We can also locate the non-custodial parent, determine their ability to pay, and ensure the child support order is fair to all parties.

Modifying Child Support Orders

It is possible to modify child support orders in California. However, material changes in circumstances must be proven for a modification. If granted, it can reduce or increase the amount of monthly child support. Valid grounds for a modification may include:

  • Changes in Custody or Visitation Schedules
  • The Disability of Either Parent
  • Job Loss or New Employment
  • Income Changes
  • Change in the Child’s Needs
  • New Children
  • Remarriage of Either Parent
  • Incarceration of the Paying Parent

Modification of a child support order is a complex process. Our experienced attorneys will help you understand whether the modification you seek is feasible and guide you through the process. If you and the other parent mutually agree to the modification, we will ensure the final agreement is fair in relation to the changed circumstances. At all times, we'll prioritize your child's needs and well-being without being unfair to the payor.

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Enforcing Child Support Payments

When the obligated parent refuses to pay child support, the receiving parent has the right to enforce the order. The Department of Child Support Services has the authority to use various enforcement tools, including:

  1. Wage withholding
  2. Liens
  3. Interception of funds
  4. Health insurance
  5. License & passport suspension
  6. Contempt of court proceedings
  7. Withholding visitation

If you are owed child support or facing difficulties in paying child support, consult with our child support lawyers in Orange County immediately. We'll work tirelessly to secure your best interests by enforcing a child support order and ensuring the stability of your family.

Our child support attorney in OC will ensure the payments are made regularly and adequately. We'll analyze your case and identify legal methods to enforce a child support order. At all times, Jos Family Law will support and work with you to protect your financial well-being through diligent analysis, investigation, and seasoned advocacy.

Navigating High-income Child Support Cases

Calculating child support in high-income or wealthy families is much more nuanced. In high net-worth divorces, child support is no longer viewed as a basic necessity but rather a tool to preserve the child’s living standards. Child support in such cases goes beyond the guideline formulas as the court exercises its discretionary powers.

When one or both parents earn significant income or have significant wealth, the court will have more discretion to determine a fair amount as per their standard of living. Factors like private tuition, extracurricular activities, travel, and other lifestyle considerations may be included.

Common challenges in high-income child support cases include:

  1. Lifestyle disputes
  2. Decoding complex income structures (bonuses, executive compensations, stock portfolios, etc.)
  3. Maintaining financial parity between both households
  4. Determining adequate support and ensuring it's not excessive or punitive
Binoye Jos

Why does expert legal representation matter?

High-income cases require knowledgeable representation. At Jos Family Law, our attorneys have sound financial knowledge to ensure you are not overpaying or taken advantage of. We will accurately present your financial situation and advocate for an outcome that is fair, just, and sustainable. We have 55 years of combined experience helping entrepreneurs, professional practitioners, and other high-income individuals navigate the challenges of child support.

Child Support for Children with Special Needs

Child Support for Children with Special Needs

For parents navigating child support in California, understanding the laws and procedures is important, especially if they have children with special needs. A special needs child refers to children who need extra care due to physical, emotional, developmental, or educational needs that go beyond the ordinary. Conditions like autism, down syndrome, or learning disorders require special attention and care. The court considers children suffering from special conditions as having special needs, protecting their well-being and growth so they lead productive lives.

The best interests of the child are paramount in every child support case. Section 3900 of the California Family Law Code states that both parents have an equal responsibility to support their minor children ‘in a manner suitable to the child’s circumstances’. This not only includes the child’s basic needs like food & clothing but also their medical needs. The child support order will include all healthcare expenses, including therapies and medical equipment, for special needs children.

Key considerations include:

  • Greater Financial Needs: Special needs children often require therapies, medication, and other healthcare assistance, which can be costly. They may also require specialized care, resulting in higher childcare costs. Both these expenses are factored into the child support calculations, resulting in a higher than average support for special needs children.
  • Longer Support Duration: Child support for special needs children may last longer than the standard age of 18 years. If a child is incapable of earning without sufficient means, the parents have the obligation to pay ongoing support without an end date.
  • Government Benefits: Special needs children are eligible to receive government assistance through various programs. The court will consider such government benefits when calculating child support.

As the parent of a child with special needs, you’d want your kid to have the best possible resources to succeed in life. Seek the professional guidance of an experienced child support attorney in Orange County to ensure the proper care and well-being of your children.

If you want to know how much support you may be eligible to receive or pay, you can use the calculator here.

Terminating Child Support Obligations

In California, child support can be terminated under specific circumstances, such as the child attaining the age of majority, attaining emancipation, or if there are significant changes in the custody arrangement or financial circumstances of the parents. If you want to terminate child support in California, you must meet certain grounds:

  1. Age of Majority: When the child reaches majority (typically 18 years) and achieves financial independence.
  2. Emancipation: Child support can be terminated if the child is emancipated before the age of 18, either through marriage, active military duty, or becoming financially independent.
  3. Financial Changes: Significant financial changes, such as the payor’s income reduction or job loss, may warrant termination.
  4. Changes in Custody: Significant changes in the custody agreement may also affect ongoing support.
  5. Death: Child support obligations are terminated upon the death of the child or the supporting parent.

Terminating child support involves legal complexities. At Jos Family Law, our skilled Orange County child support attorneys will evaluate your situation and help you understand your rights and options to terminate, modify, or enforce child support.

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Child Support & Custody Arrangements

Child custody & support are different matters. Child custody ensures the child is in a safe, healthy, and nurturing environment, whereas child support ensures the kid is financially protected. Remember that even if the court does not award custody to a parent, it may still ask that parent to pay support.

Usually, the non-custodial parent pays support to the custodial parent. In the case of joint custody, the higher-income parent has the duty to pay child support. This is because the court assumes that when one parent has custody, they are financially supporting their kids.

However, the non-payment of child support can alter the custody arrangement. The parent paying support may lose custody or visitation rights for missing child support dues. If you have trouble finding work or if there’s a material change in your financial circumstances, you must request a modification from the court rather than violating the child support order.

At Jos Family Law, our attorneys are dedicated to helping parents navigate the complexities of child custody & child support laws. We will work diligently to protect your parental rights, secure the best possible outcome for your children, and advocate for your family’s future at every step of the way.

Child Support in Divorce Proceedings

Child support plays an essential role in divorce, ensuring both parents share the financial responsibility to raise their children. The court prioritizes the child’s well-being and aims to maintain a stable home environment and standard of living for them. California follows the guideline child support formula, which factors in each parent’s income, the amount of time each parent spends with the child, tax status, and health insurance & daycare costs to determine how much support should be paid.

The court assesses these factors to arrive at a fair child support amount that provides for the child’s financial needs without being unfair to the parents. The purpose is not only to cover basic essentials like food, clothing, and shelter but also to ensure the child has access to healthcare, quality education, and extracurricular activities after the parents divorce or separate. In essence, it helps the child maintain the same standard of living as was during the marriage and provides them with the resources they need to thrive.

The Importance of Legal Representation in Child Support Cases

The Importance of Legal Representation in Child Support Cases

Child support laws are complex, and emotions and conflict may persist between the parents. Having a child support attorney can simplify the process for you.

At Jos Family Law, our experienced Orange County child support attorneys will ensure the following:

  1. Your child gets the support they need to succeed in life
  2. Your financial situation is accurately presented to the court
  3. Any change in circumstances is duly notified to the court to obtain a modification
  4. All unpaid dues are collected by enforcing a child support order

Child support lawyers are experienced in family law and know how to navigate the legal process that surrounds these sensitive matters. They know what information must be provided when paperwork is required, & they understand the nuances of court proceedings.

They can also help you explore options like negotiating settlements or alternative dispute resolution outside of court if feasible to your situation. In other words, a child support lawyer will save you time & money as well as boost your chances of getting a fair settlement from the courts. Contact our team today for more information on how we can best serve you.

Common Mistakes People Make When It Comes To Child Support

1. Not understanding how the state of California calculates child support

The state of California uses a formula to calculate the amount of child support that must be paid, and it is important for both parents to understand the factors involved in this calculation

2. Not understanding the legal requirements of child support

In California, there are specific laws governing child support, including filing deadlines, payment methods, and other requirements. It is vital to familiarize yourself with these laws to ensure compliance.

3. Not keeping up with the payments.

Even if you think you're paying enough, it's important to stay current on your payments. Falling behind on your payments can result in legal action being taken against you.

4. Not seeking legal advice.

It is always wise to speak with an experienced child support lawyer before making any decisions regarding your child support obligations. A lawyer can advise you on the best course of action and help protect your rights.

Ensure Your Child Gets The Support They Deserve

Ensure Your Child Gets The Support They Deserve

Among the most vital things a parent can do is provide financial and emotional stability to their children. Many families think they can take care of themselves, but often, they don't have a realistic idea of how hard it is to be solely responsible for another human being on top of work, sleep, family time, and everything else that goes into living.

Child support laws are created to help level the playing field so parents have more resources available to meet the needs of their children. In order to obtain fair custody arrangements, a family law attorney will generally recommend that one or both parents seek appropriate child support from the other party. Families will face tough decisions when deciding what's best for them as well as their children. With expert help & guidance from a top child support lawyer, you can make informed decisions for your child’s bright future.

Standing by Your Family’s Future

No matter what your situation is, you can trust Binoye Jos to provide exceptional representation for your family. Our Orange County child support lawyers have 55 years of combined experience in fighting for the best interests of children. Whether you are expecting to pay or receive support, we have the knowledge and skills to help you achieve the best possible outcome.

Call (714) 733-7066 for reliable support in your child support case.

Cities We Serve

Our child support attorneys serve clients throughout Orange County, including:

Frequently Asked Questions.

In Orange County, child support is determined based on both parents' incomes, the number of children, and other factors such as medical insurance and daycare costs. The California Family Code provides specific guidelines for calculating child support. First, the court determines each parent's net disposable income and calculates the total amount of child support they should pay.

This figure is then divided between the two parents based on their proportion of the combined net income. Other variables may be considered when determining the amount of child support, such as the age of the children, any special needs the children may have, and other financial resources available to the parents.

Yes, you may be able to modify your child support order if there is a change in your or the other parent's financial situation. If either parent has experienced an increase or decrease in income, there may be grounds for requesting a modification. It's crucial to note that the child's best interests are paramount when it comes to child support.

Speak to a child support lawyer in Orange County to discuss your specific situation and determine if you qualify for a modification.

The state of California takes child support seriously. If your ex refuses to pay child support, you may contact your local child support agency or speak to a family law attorney to enforce the order. From wage garnishments to contempt of court, there are various legal channels available to you to collect child support from an unwilling ex.

California child support laws can be complex. While you can definitely handle your case on your own, having an attorney is crucial to ensure you get adequate representation and your child gets the support they deserve.

Child support can have far-reaching consequences for your child. Our child support lawyers in Orange County can simplify the process and ensure fair and adequate support for your child's future.

In California, child support usually lasts until the child reaches 18 years of age or graduates high school, whichever is earlier. However, exceptional circumstances like the child's disability, emancipation, or death may end child support sooner. The parents may also agree to extend the duration of child support.

If you are self-employed or have a fluctuating income, child support in Orange County is still applicable. Your income must be reported and accounted for when establishing the amount of support to be paid. You may also be required to provide financial records and documents as proof of your income.

If your situation changes due to a layoff, raise, or job change, you may need to modify the actual amount of child support that you pay. It's important to keep up with any changes to your financial status in order to keep your payments accurate.

If you have been actually laid off, it is important to notify the court immediately, as your child support obligation may be modified. Depending on your circumstances, you may be eligible for a temporary reduction in payments or a complete exemption. The court will review your financial situation and decide what is appropriate in your particular case. It is essential & vital to keep up to date with your payments until the court has made a decision. Contact the Orange County Child Support Services for more information.

In most cases, parents with visitation rights are still responsible for paying child support. Even if the other parent has primary custody, the court may decide that both parents should contribute financially to the upbringing of the child.

In most cases, parents with visitation rights are still responsible for paying child support. Even if the other parent has primary custody, the court may decide that both parents should contribute financially to the upbringing of the child.

Child support payments for military service members are calculated based on their active duty pay and any other income. If there is a reduction in the military service member's income, the court may reduce the amount of child support owed.

The court can also modify orders when the service member is deployed, so long as it does not really cause undue hardship for the other parent. To make sure your child support order is up to date, contact the Orange County Child Support Office for more information.

The answer is generally no. California family courts use the income of both parents in calculating child support. If you have remarried, your new spouse's income is not considered for child support purposes.

However, it may be taken into consideration when the court evaluates your financial situation to determine the amount of child support to be actually paid. It is always a wise idea to discuss any changes to your financial situation with your attorney before making any decisions.

Yes, child support can be retroactively increased if the other parent is underemployed. However, it must be done through a court order. A seasoned attorney can help you file a motion for modification and present evidence that shows the other parent is intentionally underemployed or unemployed. The court may then adjust your child support payments to reflect the other parent's actual earning capacity.

Jos Family Law - Your Trusted Partners to Navigate Child Support

With over 55 years of combined experience and a commitment to providing top-quality service, Jos Family Law is here to help you through what may be the most difficult time in your life. Our team always puts the client first and does all we can to make sure that you have everything you need, as well as effective representation at every stage. Call us today at (714) 733-7066 or fill out our contact form to schedule a consultation. Alternatively, you can also reach us by emailing at jos@josfamilylaw.com.

Get In Touch

Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.

Contact Information

Please call, email, or contact our office online to arrange an appointment for your case today.

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Sonia Fernández

Jos exhibits exceptional compassion and understanding, promptly addressing all inquiries to facilitate clarity and calm throughout the process with comprehensive and sincere explanations. He offers potential solutions to minimize unnecessary court costs. His team operates efficiently and effectively to complete the task. I highly recommend this law firm as it operates with integrity.

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Carlos Serrano

Thank you very much to Mr. Jos and to all his group of professionals who helped me get out of my child support case with a very good result. Each case is different and my case was very complicated. I live in the state of Virginia and the child support office of the state of California was starting a case against me, the amount they wanted me to pay was ridiculously high I didn't know what to do because I don't live in California and I had never met the child either. I searched online for a lawyer in California and thank God I found Mr. Jos's law office. I don't know them personally but I put my trust in them and they didn't disappoint me. We had very good communication despite the distance and they were always available to talk to me and clarify my doubts. Mr. James was the one who took my case to the end and after a long and very difficult process everything went very well in my favor much more than expected. I am very grateful to God for putting the entire team of professionals from Mr. Jos' office on my way. Words are not enough for me to describe everything they did for me and how grateful I am. I definitely recommend Mr. Jos's law firm. Thank you Mr. James for not giving up in my case and having achieved a magnificent result in my favor.

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Alexandra Duvall

Jos Family Law has been absolutely fantastic in helping me through my child custody case. Mr Jos communicated with me throughout the entire process. He was very empathetic and understanding with my case and my concerns. The team was always supportive and never once did I feel like they didn’t take my case seriously. I’m so grateful I chose this law firm to represent me and I would 100% recommend this team to anyone seeking assistance. In the end I received the outcome I was looking for which was Sole Physical Custody. Thank you so much Jos Family for representing me.

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Marco Galatro

This was the second attorney that represented me for my divorce. Binoye is a very knowledgeable, fair, and professional attorney. They are reliable and this made my experience way less painful. They are definitely not greedy for money, they are not one of the many attorneys out there who overbill for their services. I truly recommend them.

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Roya

Mr. Jos is by far the best attorney l've ever had to work with. He is diligent, extremely prepared and informed and patient with his clients and goes above and beyond the call of duty to make sure you get the results you are hoping for. I recommend him to anyone who needs a Family attorney.

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Ricardo Lajaruna

My most sincere gratitude to the attorney Mr. James Sowers, who is very knowledgeable about the law, works with and for his clients. He is very transparent, honest and I am very grateful for his great support. His legal representation is highly recommended!!!

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Nader Zayid

JOS family Law took on my case which entailed custody and move away components and I honestly could not say enough great things about JOS Family Law! Mr. Jos is not only extremely knowledgeable and professional, but it is also extremely obvious how much he cares for his clients on a personal level as well. There is an expression that two heads are better than one, however, Mr. Jos' philosophy takes it further as eight heads are better than two. It was so impressive and reassuring how collaborative everyone at the office works together to meet on regular cadences and discuss their client's cases to brainstorm strategies in order to seek the best possible outcome for their clients. Mr. Jos has an amazing team of extremely talented and knowledgeable attorneys that have worked together on my case. James was the lead attorney on my case and also represented me in my hearing. James was able to get us everything we were asking for as he successfully proved that full custody remaining with me is in the best interest of the children and that the move away is in the best interest of the children as well. We were able to come up with a plan to ensure that the children's mother can visit regularly and still maintain a healthy relationship. James is a rock star attorney! I would without hesitation refer anyone seeking help in a family law matter to call Jos Family Law!

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