Orange County Child Support Lawyers
Overview of California’s Child Support Laws
Child support can be a stressful, highly contested issue in
divorce proceedings. While the California state legislature has passed laws to make child
support calculations more uniform and fair by creating a “guideline”
formula, parties often disagree over the terms of a child support order
because the formula requires the input of various factors to determine
the amount of support to be paid and sometimes these factors are difficult
Ready to speak with an Orange County child support attorney?
Contact us online or by calling today to request a free consultation with
a member of our team.
How is child support calculated in California?
If you are facing a child support legal issue, you’re probably wondering
how much child support
is in California. In Orange County, CA, child support orders are issued by
the family law court, which bases the amount of the order on California's
child support guidelines.
These guidelines are based primarily on the non-custodial parent’s
income and the number of minor children who require support, as well as
other relevant factors including, but not limited to:
- The needs of the child, including health insurance, education, daycare
and special needs
- Each party’s tax filing status
- Deductible interest and property taxes
Purposes of the Guideline
There are two main purposes for the California child support guideline:
to provide a minimum level of child support and to provide uniformity
and fairness in the calculation of child support. To achieve these purposes,
California state law requires courts to follow the guideline with deviations
allowed only in specific and limited situations.
Get Child Support in Orange County
If you are recently separated and are not yet receiving child support,
Moshtael Family Law can help you take the first steps. We can create a
child support agreement with your co-parent outside the court setting
through informal negotiations or mediation or help you obtain a child
support order from a family law court in Orange County.
Paying Child Support
If your child lives primarily with your co-parent, you will most likely
be required to pay child support. Ignoring a child support order can result
in serious, long-term consequences, so knowing what amount of child support
to pay to your co-parent and how to submit it is important.
Do you have to pay child support if you have 50/50 custody?
courts.ca.gov, splitting custody 50/50 doesn’t eliminate the possibility of paying
or receiving child support in California. In other words, if one parent’s
income is higher than the other, they may have to pay child support regardless
of custody arrangements. Parents in this situation may also have to split
uninsured medical expenses and child care costs caused by employment.
Is child support paid monthly or weekly?
Child support payments are monthly in California. Once the court makes
a determination regarding your case, the paying parent is obligated to
maintain child support on a monthly basis. If the paying spouse refuses
to follow the support order, he or she can be held in “contempt
of court,” which can lead to serious legal consequences.
Do both parents pay child support?
Not technically, no. According to both federal law and California state
law, both of a child’s parents are obligated to provide financial
support. Child support orders exist to ensure that the child enjoys the
standards of living maintained by both parents. This means the parent
who makes more money may be required to provide additional support to
ensure this standard continues even when the child resides with the other
parent, for example.
Modifying Child Support
Many times, people’s financial circumstances change. If you can’t
afford to pay your child support order because of a change in your financial
circumstances, we can help you
obtain a modification of your child support order in Orange County, CA.
There are many other reasons why a child support order might need to be
- One parent has lost his or her job; one parent has been incarcerated;
- There have been significant changes in how much time the child spends with
- The child’s needs have changed and there are more or less costs for
childcare, health care, or education; and/or
- There have been changes in any of the factors that are used to calculate
Enforcing Child Support
What happens if you don’t pay your court-ordered child support? Trying
to avoid child support by being paid under the table or by hiding income
and assets can seriously hurt you in the long run. Orange County family
courts have a wide range of tools to enforce child support orders. Some
of these tools include garnishing your wages, seizing your property, and
revoking your driver’s license. You may also be unable to obtain
Hire a Child Support Attorney in Orange County
Child support is one of the most important aspects of any family law matter
involving children. Once the Petition for Dissolution (divorce) or Legal
Separation is filed, temporary child support issues can quickly arise.
Our team of experienced Orange County child support lawyers can assess
a fair and reasonable child support amount and advise you on the best
way to handle your case. We also boast an in-house CPA—an advantage
that few firms offer—so that you have a dedicated financial professional
to assist with calculating child support and analyzing income for said
Let us be of service!
Contact us online or by calling to schedule a free consultation regarding
child support in Orange County, CA. We have offices in