Orange County Family Support Information
California Family Law Firm – Child Custody & Support Attorneys
Child Support: Child support is intended to be a relatively straightforward calculation that parents can utilize to figure the anticipated amount that parent will need to pay, or receive, in child support. The best way to find out what you may pay or receive in child support is to contact an attorney specializing in family law cases. 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,
- Hardship factors or special circumstances,
- Mandatory union dues,
- Mandatory retirement contributions,
- The cost of sharing daycare uninsured health-care costs, and
- Other factors.
Child support can also include the cost of special needs like:
- Unreimbursed medical expenses,
- Traveling for visitation from one parent to another,
- Educational expenses, and
- Other special needs.
Child support payments are usually made until children turn 18, but sometimes until age 19 if certain criteria are met. Parents may agree to support a child longer, although they have no obligation to do so. The court may also order that both parents continue to support a disabled adult child that is not able to support themselves.
The court may have jurisdiction to 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 Orange County, if the party who is owed child support is on County aid, which includes welfare, the Orange County Department of Child Support Services ("DCSS") has the authority to collect child support payments and arrears. Information about Orange County DCSS can be found at the website http://egov.ocgov.com/ocgov/Child%20Support%20Services. DCSS also may collect child support payments at the payee's request.
Child Support Arrears: The law firm of Wilkinson & Finkbeiner, LLP is experienced in collecting child support from the parent who owes child support. In many cases, child support arrears may be a significant amount of money because interest accrues on unpaid child support balances at the legal interest rate. There are also penalties that may be assessed against the party who owes child support. 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 file 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. Often times it is necessary to file a Notice of Delinquency and file a request that the court determine the amount of arrears owed, at which time the court will determine interest accrued and assess penalties and sanctions. Our attorneys are available 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 spousal support, or alimony, which is paid on a monthly basis. 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. The court will review each party’s needs and ability to pay.
Permanent support (although perhaps 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 is charged to consider all relevant factors contained in Family Code 4320, including:
- Standard of living during marriage;
- The age and education level of each spouse;
- Length of marriage;
- How much income each spouse earns or can earn on their own;
- What the expenses of each spouse are; and
- Whether one parent was a stay-at-home parent for child-rearing purposes.
Obtaining a favorable spousal support order may be of great importance to you. If so, you should have a quality Orange County divorce attorney represent your interests.
Wilkinson & Finkbeiner, LLP
Orange County Divorce Lawyers
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