Child Support FAQ

• What does “Guideline” child support mean?
• Can the court deviate from the Guideline formula?
• My spouse is self-employed – how does the court calculate her income?
• What is the Family Support Division?
• Are there any standard additions to child support?
• What is an Income and Expense Declaration?
• What happens if the other party provides false information on his or her Income and Expense Declaration?
• How do I modify a child support order?
• How do I collect on past due child support?  (Also link to collections page)
• Is it possible to get more child support because I live in a high cost area like Laguna Beach?
• Can I draft a provision in my prenuptial agreement regarding child support?
• Can I retroactively modify a child support order?
• I owe a significant amount of child support arrears – can you help?
• How is interest calculated on child support arrears?
• The other parent owes me a significant amount of child support arrears – can you help?

What does “Guideline” child support mean?

California has a uniform child support guideline which governs the amount of support a parent is required to pay.  Guideline child support varies depending on a number of factors, including:

-each parent’s gross monthly income or the parents’ ability to earn;

-number of children the parents have together;

-amount of time each parent spends with the child;

-tax filing status of each parent;

-health insurance expenses;

-mandatory union dues;

-mandatory retirement contributions;

-certain deductions from income, which can include health insurance, real property taxes and deductible interest expenses; and

-child support or spousal support paid from another relationship

In calculating guideline child support in each case, the court uses a computer program called Dissomaster.  This program requires the court to input information regarding factors such as the parent’s income and each parent’s time with the child.  The program then calculates the amount of child support in your case based on those factors.

The attorneys at Wilkinson & Finkbeiner, LLP have access to the same program used by the courts and can assist you in negotiating items with the other parent to get you the best results with regard to an award of child support.

Can the court deviate from the Guideline formula?

Under California law, there is a rebuttable presumption that the guideline child support is correct.  As a result, the law provides that the child support order should fall below the guideline amount only in very special and limited circumstances.  This means that the court will order an amount of child support that is consistent with the guideline support amount unless there is a good reason not to.  For example, the court may allow for a hardship deduction where a parent incurs extraordinary health expenses or uninsured catastrophic losses.

The experienced child support attorneys at Wilkinson & Finkbeiner, LLP are knowledgeable about the complexities regarding the calculation of child support and can help you obtain a fair child support order.

My spouse is self-employed – how does the court calculate her income?

Generally, the court will use information regarding your spouse’s income based on the information provided on his or her Income and Expense Declaration. Your spouse is required to sign the Income and Expense Declaration under penalty of perjury.  This means that the court can impose penalties and sanctions for providing false information on the form.  For self-employed persons, the law requires them to submit profit and loss statements and tax returns, for example.  Also, our attorneys often use discovery methods to obtain additional information relating to the finances of self-employed litigants.

What is the Family Support Division?

The Family Support Division, or FSD, hears all matters filed by the Department of Child Support Services (DCSS) regarding support, support enforcement and government aid cases.  As experienced child support lawyers, our attorneys will fight for your rights in Family Support Division, Department of Child Support Services (DCSS) and against the County when setting California child support guidelines or arrears.

Are there any standard additions to child support?

In determining the amount of child support, the court will also consider additional factors called mandatory add-ons.  The court may also consider add other discretionary additions to child support.  Mandatory add-ons include items such as child care for employment or job training and uninsured health care expenses, while discretionary add-ons include items such as the child’s travel expenses for visitation from one parent to another and the child’s educational expenses.  All of these factors can affect the amount of child support a parent is required to pay.

What is an Income and Expense Declaration?

An Income and Expense Declaration, or IED, is a pre-printed form that must be filed whenever there are issues of child or spousal support, or attorney fees and costs.  The form requires you to provide detailed information regarding your employment, education, income from all sources and valuation of your property.  The IED also requires you to identify and categorize all of your expenses, including expenses for mortgage and/or rent, healthcare, utilities, insurance and transportation.  The court uses the IED in determining your income and any applicable deductions for the purpose of calculating child and spousal support.  It is important that you accurately and completely fill out this form because the form must be signed under penalty of perjury.

What happens if the other party provides false information on his or her Income and Expense Declaration?

Parties who file an Income and Expense Declaration with the court are required to sign the form.  This signature certifies to the court that all of the information contained on the form is true and correct under penalty of perjury. This means that by signing the form, the other party is stating, under oath, that the information he or she is providing is true.  Providing false information under these circumstances constitutes a crime that is punishable by law.  More importantly, if the court finds that a party has falsified, provided misleading or incomplete information, the court has wide discretion to fashion orders that will deter the filing of such unreliable documents in the future.  For example, the court can determine that a person’s income is much higher or lower than it actually is due to the filing of a false IED, or the court may issue severe financial sanctions against the party that provided the false or incomplete document.

How do I modify a child support order?

A post-judgment modification action occurs where a party to the existing judgment seeks to change a provision of the judgment.  To modify a judgment, you must file an Order to Show Cause (OSC) or notice of motion, which is essentially a request for the court to make an order.  In your OSC, you must demonstrate that grounds exist for modifying the existing judgment.  Generally, post-judgment modifications are permitted for child support matters.

To obtain a post-judgment modification, you must demonstrate that the circumstances have changed since the original order to justify your requested modification.  While there is no formal definition of what constitutes a change of circumstances, some courts may consider factors such as an increase or decrease in income as sufficient grounds to justify a modification of a child support order.  Our post-divorce modification attorneys understand that a change of circumstances can be devastating. We will work with you to fully comprehend the scope of your problems, and we will focus our efforts on addressing those concerns

How do I collect on past due child support?

There are many legal tools our attorneys utilize to force compliance with court ordered child support.  Common collection methods include filing and recording liens on the debtor’s real and/or personal property, obtaining wage garnishment orders, filing requests for sanctions and contempt and levying the debtor’s bank accounts.  The most common method to begin the collection process is to file a motion in the court to determine arrears, which includes accrued interest.  Our firm offers a variety of levels of representation to assist clients with child support arrears cases.  In some cases, our firm may take on a child support collection case on a contingency fee basis.

Is it possible to get more child support because I live in a high cost area like Laguna Beach?

Clearly, the cost of living in some areas of Orange County is more than living in other areas.  For example, the cost to live in Newport Beach, Huntington Beach and Dana Point is undeniably higher than other areas of the county.  However, unless the parent that will be ordered to pay child support is an extraordinarily high income earner and offers to pay reasonable support, it is unlikely that the expenses of the parent that will receive child support will be considered.  This is due to the fact that California courts are required to utilize the Guideline child support formula calculator, which does not generally consider the expenses of either parent.  A sample of a Dissomaster printout is attached here, which shows the types of information and deductions the courts are required to consider.

Can I draft a provision in my prenuptial agreement regarding child support?

No.  A prenuptial agreement can be an effective tool for contracting out of California laws regarding the division of community property as well as determining spousal support.  However, California law regarding child support governs the determination of child support in your divorce or paternity action.  An agreement between you and your spouse cannot alter you or your spouse’s child support obligation under the law.

Can I retroactively modify a child support order?

Probably not.  Even though a change of circumstances may have occurred in the past, in most cases, a court ordered modification will not take place retroactively. That means that if you are ordered to pay child support, your obligation will begin at the earliest on the date that the motion seeking child support is filed.  In certain, very rare and specific circumstances, the court can apply a child support order to the date of filing of an action.  Note that a child support obligor may still be responsible for any delinquencies that occurred prior to the new order becoming effective.

I owe a significant amount of child support arrears – can you help?

Our child support attorneys have experience representing parties who owe child support arrears.  Some of the key factors in reducing or eliminating child support arrears include whether the original child support order was validly entered, whether the arrears are owed to the custodial parent or the government, and whether any legal basis exists to collaterally attack the original court order.  We can help you determine your rights and obligations as well as assist you in moving forward with your child support case.

How is interest calculated on child support arrears?

In most cases, interest accrues on unpaid judgments, which means that you may be liable for interest on any unpaid child support obligations.  Under California law, interest on child support installment payments is calculated at the simple rate of 10% per annum.  Interest begins to accrue from the date the installment is due or the date that the judgment is entered in your case.

The other parent owes me a significant amount of child support arrears – can you help?

There are many legal tools our attorneys utilize to force compliance with court orders, including filing requests for sanctions and contempt, filing and recording liens, garnishing wages and levying accounts.  Our experienced attorneys will not only help you to enforce court orders, we will help you collect on your family law judgment.