Los Angeles Child Support lawyer
LA Family Law Attorneys Helping Parents Understand California Child Support Laws & Guidelines
Despite the fact that both parents have a responsibility to support their minor children, coming to a child support agreement with a former spouse or partner is incredibly stressful and often difficult. At Marmolejo Law, Attorney Diane Marmolejo works hard to ensure that your child’s best interest remains the number one priority, and she will be you and your child’s fiercest advocate.
Every Los Angeles family law attorney here believes a personal relationship with our clients is vital. As a family-owned, local practice, we are always available when needed. Our Marina Del Rey and Los Angeles child support attorney will work diligently to investigate your case, negotiate on your behalf, and help you feel confident when you go into court.
Marmolejo Law is here to answer your questions regarding child support. If you need help from an experienced Marina Del Rey & Los Angeles child support attorney, call our team today (310) 736-2063 or fill out our online contact form.
What Are the Child Support Laws in California?
The parent who takes care of the child most of the time, or the “custodial parent,” typically receives child support payments from the parent with less parenting time, or the “non-custodial parent,” since it is assumed that the custodial parent is spending money on daily expenses for the child. However, depending on the circumstances, the family court in Los Angeles may also order both parents to pay child support.
Understanding Child Support Payments in California
Child support payments in California are legally required until the child reaches the age of 18, or until the age of 19 if the child is still in high school and lives with one parent. Parents may also agree to extend support if they desire, or the court may order it if the child is unable to become self-supporting due to a disability.
The support may end earlier if the children gets married, joins the military, or becomes self-supporting.
How Far Back Can Child Support Be Claimed in California?
A California court may order retroactive child support payments for up to three years between the filing date and the court order date. For example, if a divorce takes four years, child support can only go back three years.
If a parent attempts to avoid paying child support by refusing to work or working less, the Los Angeles family court will “impute” their income, meaning calculate an expected payment amount based on employment history, education, training, etc. If payment is not made or made on time, the court may enforce the order by directly taking the payments from the parent’s paycheck.
How to Calculate Child Support in California
The state of California has a complex formula on how child support payments will be calculated. While there are many online calculators to assist you, here are some general factors to consider:
- The gross income of each parent
- the percentage of time each parent will spend with the child
- Any income tax deductions that are able to be claimed
- Payroll deductions such as health insurance
- The cost of child care which each parent will be responsible for
Is Child Support Mandatory in California?
Typically, child support orders in California must be followed, as child support is the right of the child, not the parent. Child support orders are to put responsibility on the parent so that the child's best interests are met. The one exception to this is if both parents agree to waive support and no terms are in dispute.
Still, the final decision lies within the hands of the court, and they must see that both parents are capable of providing for the child without aid. Lastly, these waivers are not meant to be permanent, you may request a decrease or increase in support if circumstances arise.
Detail-Oriented & Compassionate Legal Representation
According to California Family Code 4055, there is a state-wide mandatory formula to calculate child support. This formula considers the income of both parents, the time children spend with each parent, as well as other factors.
When you are looking for a child support lawyer in Marina Del Rey, it is important to retain experienced and knowledgeable counsel to effectively represent you. At Marmolejo Law, our law firm will work directly with you to help you prepare for your support case and ensure that you have all the necessary documents and information collected.
When coming to a child support agreement in Los Angeles, you will need a number of documents, including:
- Tax returns
- W-2 forms
- Pay stubs
- Other documents necessary to prove your income
Get Help from Our Experienced Child Support Attorney in Los Angeles
Before your child support order is finalized, you may also be dealing with a temporary child support order while your case is in process. Furthermore, if you or your former partner experience a change in circumstances after the agreement is finalized, a modification of child support may be filed.
Even though you can estimate your child support fairly easily, reaching an agreement in court is a complicated process in which the assistance of a knowledgeable child support lawyer in Los Angeles can be of great assistance. If you’re going through a separation or divorce and are working on a child support agreement, you don’t have to go it alone; Marmolejo Law is here to help. After all, we are experienced and knowledgeable about CA child support laws. Schedule your consultation today.