Child Support Lawyer Orange County

Trusted Child Support Lawyer in Orange County – Protecting Your Child’s Best Interests

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 actually the money that 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 based on factors like income, expenses, and the number of children.

It can often be very difficult to know your rights as a parent or guardian in an Orange County family law court. A child support lawyer in Orange County can help you navigate the complex system and enforce your rights as parents.

What Is Child Support?

Every child is entitled to receive financial support from parents until they attain 18 years of age. The parents are legally obligated to support their minor children, whether the child is their biological offspring or an adopted one. Child support payments are also available in paternity suits where the child was born to unmarried parents or as part of a domestic violence restraining order

Child support is ordered by the court until the child turns 18, marries or registers a domestic partnership, emancipates, or passes away, whichever is earlier. There are special instances as well where the court may order child support to be paid for an extended period of time, such as when the child has a physical or mental disability and is unable to self-support themselves. The parents may also agree to cover child support beyond the legal mandate.

Child support is calculated by a statewide formula mentioned in Family Code §4055. The court is bound to follow the guidelines to calculate the monthly child support figures unless extraordinary circumstances prevail or the parties have agreed to a child support plan that deviates from the guidelines.

There are various components of this statewide formula, the most essential being the number of children, the percentage of parenting time each parent shares with the child, and the monthly income of both parties. The formula also considers some monthly expenses that will result in a higher guideline order, such as mortgage interests, property taxes, etc. Alternatively, expenses like health insurance premiums, mandatory retirement, and union dues will result in a lower guideline order.

Why Choose JOS Family Law for Child Support Cases?

At Jos Family Law, our child support lawyers in Orange County understand that every parent wants the best for their children. When navigating child support, it's essential to understand the process and laws. Whether you're seeking to establish a child support order, modify an existing one, or enforce your rights, our knowledgeable divorce attorneys will guide you through every step of the way. Our compassionate team will create a personalized strategy to achieve the best possible outcome for your children.

55 Years of Collective Experience in Handling Child Custody Cases
A Proven Track Record of Securing Favorable Outcomes for Clients
Personalized Legal Strategies Tailored to Your Unique Situation
Compassionate yet Aggressive Representation to Protect Your Child’s Financial Future
Full-service Family Law Expertise

How We Can Help With Child Support Matters?

A. 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 who can help you 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.

B. Modifying Child Support

Modifying an existing child support order requires a change of circumstances, which may involve:

Change in the custodial parent's time with the child
Change in either parent's income, particularly the higher-earning parent
Change in other variables that may affect child support

Modification of a child support order is a complex process for those unfamiliar with the court system. The experienced Orange County family law attorneys at Jos Family Law know how to modify child support and guide you on whether the modification you seek is feasible.

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 payer.

C. Enforcing Child Support Orders

When the obligated parent refuses to pay child support, it can be emotionally draining. When this happens, an enforcement action is required. Our child support attorney in Orange County will ensure the payments are made regularly and adequately. We'll analyze your case and identify legal methods to enforce a child support order.

We can enforce child support payments through various legal channels, including:

Wage withholding
Liens
Interception of funds
Health insurance
License & passport suspension
Contempt of court proceedings
Withholding visitation

If you are owed child support or facing difficulties in paying child support, consult with our divorce 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.

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.

Hiring A Child Support Lawyer Can Save You Money

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 needs to 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 that is something you're interested in. 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.

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(714) 733-7066

Common Mistakes People Make When It Comes To Child Support

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

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 essential & vital to familiarize yourself with these laws so you can ensure that you are following them.

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.

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 truly advise you on the best course of action and help protect your rights.

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 child custody attorney in Orange County 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. Thus, you require expert help & guidance from a top child support lawyer

Cities We Serve

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

Santa Ana
Irvine
Cypress
Costa Mesa
Anaheim
Alisa Viejo
Brea
Westminster
Tustin
Santa Margarita
Fountain Valley
Coto de Caza
Laguna Beach

Frequently Asked Questions About Child Support In Orange County.

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.

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.