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San Diego Child Support Attorney

California’s cost of living is higher than that in most states; so when a couple divorces in our state, child support is a central issue. Divorce is often emotionally devastating for children. The unavoidable upset at a major alteration in family structure should not be compounded by a diminished quality of life. The goal of the law in California and our San Diego child support lawyers is to ensure that children do not become victims in a divorce. The expectation is that their lifestyle should, to the greatest extent possible, continue without major changes.

The state issues guidelines for computing support, which are updated periodically. It is always beneficial to have a San Diego child support attorney to assist you when child support payments are being set. Although state guidelines are presumptive and in the absence of any argument to the contrary they will be applied by the courts, they are not etched in stone. The law has some flexibility and the court will consider individual circumstances when establishing the amount of support payments, so legal counsel is always advisable.

Child Support Legal Resources

Why Choose Our Child Support Lawyer in San Diego?

  • We have the size, scale and resources to address the diverse issues involved in divorce and child support cases in California.
  • We divide our legal team into specialized practice areas, allowing us to collaborate in-house on the most complicated cases.
  • We treat divorce and child support cases with tact and professionalism. We look out for the best interests of your children and family.

Determining a Child Support Award in California

In California, couples can create their own child support agreements if they align with the child’s best interests. A judge must approve the plan. If parents can’t agree, the court decides based on guidelines that prioritize the child’s needs. Factors include:

  • Each parent’s income and caregiving role
  • Payroll deductions (e.g., union dues, retirement contributions)
  • Standard of living and ability to pay
  • Number of children and tax status
  • Costs for medical care, daycare, and education
  • Travel expenses for visitation and special needs

Courts may adjust income for taxes, union dues, or other obligations. Online calculators offer estimates but may not match court rulings.

Consulting a child support attorney in San Diego is the best way to estimate child support in your case. We can analyze your situation and provide guidance on support, custody, and parenting rights.

Duration of Child Support in California

In San Diego, California, child support payments are mandatory until the child’s 18th birthday. However, if the child has not graduated from high school by that time, payments must continue until the child turns 19. If an agreement is in place as a part of the divorce that child support will continue beyond the child’s 19th birthday, the courts will generally enforce it. For example, if it is anticipated that the child will attend college, graduate school, or professional school, divorcing parents may make an agreement that support will continue throughout the period when the child is pursuing higher education.

San-Diego-child-support-attorney

Enforcing a Child Support Order

California takes child support very seriously and will assist a parent in collecting arrears. The state has laws in place to ensure that payments are kept up to date and arrears in payment are collected.

It is important to understand, however, that withholding child visitation rights because of non-payment of support is not a legal option for the parent trying to gain leverage in order to enforce payment. If you are not receiving your child support payments in a timely manner, your child support lawyer can assist you in taking the proper steps that the law provides.

What Options Do I Have If My Ex Refuses to Pay Child Support?

If your ex isn’t paying court-ordered child support, you have options to enforce it. However, informal agreements are harder to enforce, as courts and agencies usually lack authority. This is why obtaining a formal child support order during a divorce or separation in San Diego is essential.

If your ex fails to pay, here are steps you can take:

  1. File a Motion for Contempt: Visit the courthouse that issued the order to file for contempt. California allows three years to file.
  2. Attend a Court Hearing: If your motion is valid, a court hearing will be held. Prove your ex violated the order, and they could face civil or criminal penalties, including jail.
  3. Collect Back Pay: Courts can garnish wages (up to 50%), seize assets, or sell property to cover owed payments.
  4. Intercept Payments: The court can intercept government payments like tax refunds, unemployment benefits, or Social Security.
  5. Receive Interest: California law may add a 10% annual interest penalty on unpaid support.

If needed, contact a child support attorney for guidance. A lawyer can help enforce orders, recover payments, and make the legal process easier. Note that if your ex proves they can’t pay due to financial hardship, penalties may not apply, but back pay may still be owed. Boyd Law can assist with child support cases in San Diego.

Child Support Through Wage Withholding in the U.S.

Data used from the Office of Child Support Enforcement

A helpful child support calculator tool exists, however, this calculator may differ from the actual amount awarded through the court system. This calculator should be used as an estimate and not an exact number of what to expect to pay or receive when child support is determined through the court. 

Can Child Support Be Modified in California?

Once a judge finalizes a child support order in California, it is legally binding and cannot be appealed. However, a parent can request a modification later if circumstances change significantly. A support order modification asks a judge to adjust the original order based on new conditions, such as:

  • Either parent lost a job
  • Either parent had a demotion or reduction in hours
  • One or both parents had a significant change in income
  • One parent is in jail
  • One parent had a child from a different relationship
  • The child is spending a different amount of time with either parent
  • The child’s needs have changed in ways that require more or less financial support
  • Other changes occurred in the conditions used to calculate the original support order

If one of these circumstances applies to you, a judge may grant your request to modify the child support order. The judge may increase or decrease the amount of the order depending on the case. It is ultimately up to the judge whether to accept or deny the modification request, as well as how much to change the original order. The judge will always decide according to what is in the child’s best interest.

How to File for Child Support Modification

A child support modification request is an official petition submitted to the courts by the person requesting the change. To file, you will need to download or obtain the appropriate documents from the courthouse that granted your divorce petition. You will need to prove that a change of circumstances has occurred since the judge made the last support order. This may require pay stubs, income documents or other types of evidence.

The only time a parent in California does not have to prove a change of circumstances is if both parents signed a written agreement for a child support amount below the court’s guideline amount. If you and your ex-spouse cannot reach an agreement for a new child support amount, you will need to file a motion with the court requesting a change instead. Never modify your support amount based on a verbal agreement with your ex-spouse. This will not be an official court order. You will still owe your ex the same amount by law. This could lead to significant debts and penalties later for not paying.

Requesting a child support order modification and proving your eligibility can be difficult in San Diego. If you want a child support modification and believe you qualify, contact an attorney for assistance with the legal process. A lawyer can look over the details of your case, confirm whether you qualify for modification and help you with the required paperwork. Your lawyer can take care of confusing legal matters for you to give you the best chance of a judge granting your request.

Can I Receive Child Support in California Before the Divorce is Final?

In California, it is possible to ask a court for temporary child support. The state has two separate types of child support orders, temporary and permanent.

The courts will determine whether or not a temporary child support order will be accommodated. The courts can factor in several variables into the request including income and assets, the amount of children involved, along with the estimated financial expenses associated with caring for each child.

After form FL-100 has been completed and filed, individuals and their legal team can ask for a temporary child support order while the case moves through the system. To request a temporary child support plan, our attorneys can complete the necessary paperwork to file a request for temporary child support.

After a temporary child support request is made, the other party involved in the case will have the right to hear the request and can voice their comments during the hearing.

How Long Do Temporary Child Support Orders in California Last?

Temporary child support orders are non-permanent by nature. Temporary support orders create a plan for child support until a permanent order is established when the divorce is finalized.

If a temporary child support order is issued, these orders may last six months or more until the divorce is finalized. The six month time frame is the minimum mandatory waiting period for a divorce in California.

Do You Have Child Support Questions? Contact Our San Diego Child Support Lawyer Today

In San Diego, the family attorneys at the Boyd Law Firm are highly skilled and knowledgeable about the application of child support and family law in the state and have substantial experience in assisting parents in getting an appropriate award and enforcing the payment of support.

At Boyd Law, we understand your concerns about being able to provide an appropriate lifestyle for your children. Let Boyd Law take care of the legal side to your child support issues to ensure that the award is appropriate and fair and will allow your children to grow and thrive, with all the same opportunities they would have had if the marriage had survived. We offer a free, no-obligation initial consultation. Contact Boyd Law today at our San Diego office to arrange a time to meet with us to discuss your child support matter and receive quality legal advice.