San Diego County Child Support – DCSS – Alimony Settlement Lawyers

California Family Law Firm – Child Custody & Support Attorneys

Child Support: Child support is the amount of money that the court orders one parent to pay the other parent each month for the support of the child(ren). California adopted a formula that serves as a guideline for determining how much child support should be paid. The formula is CS = K[HN-(H%)(TN),] and is cited in Cal. Fam. Code 4055. The guideline calculation depends on:

• How much money each parent earns or has the ability to earn,
• How much other income each parent receives,
• How many children these parents have together,
• How much time each parent spends with their children,
• The tax filing status of each parent,
• Support of children from other relationships,
• Health insurance expenses,
• Mandatory union dues,
• Mandatory retirement contributions,
• The cost of sharing daycare and uninsured health-care costs, and
• Other factors.

Child support can also include the cost of special needs like:

• Traveling for visitation from one parent to another,
• Educational expenses,
• Unreimbursed medical expenses, and
• Other special needs.

Child support payments are usually made until children turn 18, or 19 if they are still attending high school, living at home, and can't support themselves. Parents may agree to support a child longer. The court may also order that both parents continue to support a disabled adult child that is not self-supporting.

The court may make a child support order when the parties:

• Get a divorce, legal separation, or annulment;
• Establish parentage; or
• One party obtains a domestic violence restraining order.

In San Diego County, if the party who is owed child support is on County aid, which includes welfare, the San Diego County Department of Child Support Services ("DCSS") has the authority to collect child support payments and arrears. DCSS also may collect child support payments at the payee's request. The San Diego Superior Court Family Support Division is the court branch that enforces DCSS' collection process.

Child Support Arrears: The law firm of Wilkinson & Finkbeiner is experienced in assisting clients who are owed child support by the other parent. In many cases, child support arrears may be a significant amount of money. Our attorneys are available to assist you with obtaining a court order that sets the amount of child support that is owed by the other parent (setting arrears,) as well as assist you with collecting the amount owed. A contingency fee arrangement, which may require no money out of your pocket to begin, may be available to qualified clients.

Collection on child support may be accomplished several different ways. Generally, the most common methods are to threaten a contempt of court action, place a lien on property (using an "abstract" form), levy property (both personal and real), and settle out of court. Our attorneys are qualified to discuss each of these options with you.

Spousal Support (Alimony): When a couple separates or divorces, the court may order one spouse to pay the other a certain amount of support money each month. There are two types of spousal support, temporary and permanent.

Temporary support, or pendente lite support, may be ordered to assist one party with the necessaries of living between the date of separation and judgment on the dissolution of marriage.

Permanent support (although usually not permanent in the true sense of the word) is meant to provide support for a spouse and is generally representative of the standard of living the couple enjoyed during their legal relationship to one another. The court will take many things into consideration when deciding what permanent spousal support should be ordered. Examples of some things the court may consider are:

• How long the couple has been married;
• The age and health of each spouse;
• How much income each can earn on their own;
• What the expenses of each spouse are; and
• Whether there are minor children at home.

There are only two factors used to determine temporary support:

• The supporting spouses ability to pay; and
• The supported spouses needs.

Obtaining a favorable spousal support order may be of great importance to you. If so, you should have a quality attorney represent your interests.