San Diego Child Support Attorney
Helping You Get a Fair Amount of Child Support in Del Mar & San Diego County
At Moore, Schulman & Moore, APC, we offer compassionate assistance with all areas of San Diego divorce and family law matters, including child support matters. Our San Diego child support lawyers will keep your child’s best interests in mind while also focusing on protecting your financial rights. Our team is prepared to work hard to ensure that the correct amount of child support is being received or paid.
How Child Support Is Calculated in San Diego County
California law sets specific guidelines that courts must follow when determining how much child support is necessary in a given case.
When calculating San Diego child support, the court will consider factors including:
- The actual or imputed income of each parent
- The number of children in need of support
- The amount of time the child or children spend with each parent
- Any special needs of the child
In order to calculate a parent’s child support obligation, the court has to determine how much net disposable income the parent has. The court first looks at gross annual income, which is the total amount of income the parent makes in one year before taxes.
Under California child support laws, "gross income" includes:
- A salary and wages
- Commissions and bonuses
- Income from a rental property
- Social security benefits
- Disability benefits
- Income from the ownership of a business
Then, the court will deduct certain expenses, including state and federal tax obligations, necessary job-related expenses, hardships, and more in order to determine net income. Using this final amount, the court then follows a state guideline in order to calculate how much child support is needed.
A parent must typically make child support payments until the child reaches 18, with some exceptions. Alternatively, parents can agree to their own child support arrangement without leaving the matter to the court.
What Does a Child Support Agreement Include?
The agreement must be submitted to and reviewed by the court for approval and must state the following information:
- Both parents are aware of their rights and were not forced to enter the agreement
- The parents are not receiving public assistance and have not applied for public assistance
- The child support arrangement is in the best interest of the child
- The child’s needs will be met by the support agreement
Judges will determine the amount necessary after evaluating the psychological, physical, and emotional conditions of a child and their health and education needs. Other expenses, such as those that may incur as a result of extracurricular activities, will also be considered by a judge when determining child support period payments.
Because each San Diego child support case is different, it is not possible to state how much support you will be required to pay without first reviewing your case with a child support attorney. However, you can get a general idea of what your obligation may be using the California Child Support Guideline Calculator or with the help of a child support lawyer in San Diego.
Enforce Child Support – The Uniform Marriage and Divorce Act
According to the Uniform Marriage and Divorce Act, an extensive law that governs divorce, spousal support, property division, child custody, and child support, parents are liable for applying a certain amount of money towards living requirements for a child after parents have separated or divorced.
Failure to comply with court-ordered child support places the non-paying parent in contempt of court. The custodial parent can then approach the court and request that they enforce the child support order, which could lead to wage garnishment and potential penalties if the non-compliant parent continues to miss child support payments. Consult a San Diego child support lawyer if you are on either side of this kind of situation.
What are the Consequences for Not Paying Child Support?
In some divorce and legal separation cases, one parent is deemed the financial provider and must provide regular payments for child support. If the parent violates the child support agreement as ordered by a judge, then that parent can be held in contempt of court and may face costly fees and may even be incarcerated.
Federal law makes it illegal for a parent to willfully refuse child support responsibilities and payments. Those guilty of such infractions may even face prison sentences of up to two years if the offense is proven to be a criminal felony offense.
Can My Child Support Obligation Be Modified?
Yes, there are certain circumstances in which you may request a modification of your child support in San Diego. For example, if you lose your job, suffer a substantial reduction of income, or are diagnosed with a serious illness, you may request a modification.
Other qualifying circumstances include a change in the child’s residence (i.e. if they now reside with the paying parent) or if they child’s needs change (for example, the child’s medical needs change). Keep in mind that you can’t just stop making payments, even if you think the current amount you owe is incorrect or unfair. If you have questions about child support modifications, please contact us.
Top-Rated Child Support Attorney in San Diego, CA
Whether you need assistance with creating an initial child support plan or are seeking a modification of an existing order due to a change in circumstances, you can trust in the team at Moore, Schulman & Moore, APC to guide you through every step of the process. We have more than 200 years of combined experience handling family law issues – in fact, we’re known as San Diego’s Family Law Experts®.
Contact Us Today for Timely and Cost-Effective Solutions. Let Us Help with Your San Diego Child Support Agreement!
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