Child Support Information

ORANGE COUNTY CHILD SUPPORT LAWYERS

Under California law, each parent has an equal obligation to support their children according to his or her ability.  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.

Child support can also include the cost of special needs items, such as traveling for visitation from one parent to another, educational expenses and unreimbursed medical expenses.  Support and wage garnishments or withholding orders are also a standard order that will ensure child support is paid on time and without interruption.

Under California law, child support payments usually continue until the child or children reach the age of 18, or 19 if the child is still attending high school, living at home and not self-supporting.  Parents may also agree to extend child support payments beyond the period required by the law.  The court may also order both parents to continue to support a disabled adult child that is not self-supporting.

As experienced child support lawyers, our attorneys will fight for your rights in Family Court, Family Support Division, Department of Child Support Services (DCSS) and against the County when setting California child support guidelines or arrears.

Child Support Calculator

In calculating the amount of 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.

Department of Child Support Services/Family Support Division cases

The Department of Child Support Services, or DCSS, is a government agency that seeks to establish and ensure that parents and families receive court-ordered support.  As a result, DCSS is often involved in child support cases.  However, DCSS is an enforcement agency, which means it does not represent either party in a child support case.  The Family Support Division, or FSD, is a division of the superior court that handles all DCSS cases regarding child support and support enforcement as well as support issues in family law cases in which DCSS provides enforcement services. 

Cases in DCSS can be initiated in two ways.  First, DCSS will initiate a case in which the supported parent is receiving some type of government aid.  Second, a case with DCSS can be initiated by either parent to ensure the payment and receipt of court ordered child support.  An ongoing child support case in DCSS will divest the Family Court of jurisdiction over child support.  This means that an open case with DCSS will be handled by DCSS rather than the court. 

Similar to our attorneys, DCSS has a number of tools at its disposal to ensure the payment of court ordered child support.  For example, DCSS may levy bank accounts or suspend the obligor’s driver’s license.  Also, where the obligor owes more than $2,500 in child support, DCSS will notify the United States Department of State to suspend his or her passport.  If you are the obligor in a child support case or owe child support arrears, the experienced child support attorneys at Wilkinson & Finkbeiner, LLP can help. 

Imputation of income

Each parent’s income is considered in determining the child support order.  As a result, the amount of child support depends, in part, on whether both parents are employed.  In cases in which one parent does not work or refuses to work, the court may impute income to the unemployed spouse.  This means that the court will attribute income to a parent who is not working for the purposes of calculating child support.  Imputed income is based on the earning capacity of the party and may be proven by showing an ability and opportunity to work at a particular job.

Our attorneys can assist in determining whether imputation of income is applicable in your case and can navigate you through the court proceedings to ensure that the award of child support in your case is fair.

Special circumstances

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 special 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.

Mandatory and Discretionary Add-ons

In determining the amount of child support, the court will also consider additional factors called mandatory and discretionary add-ons.  Mandatory add-ons include items such as child care 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.

DISCLAIMER: The content of this website is intended as legal information only and should not be construed as legal advice.  The content of this website is a summary of the law only.  It may not contain a complete statement of the law.  You should contact an attorney if you seek specific legal advice or assistance.