Child support decisions can affect your finances and your family for years to come. Our firm helps parents navigate complex support disputes and work toward a fair, workable outcome.
California uses a formula to calculate child support, but the final amount depends on the facts behind the numbers. Income isn’t always straightforward. Bonuses, commissions, business ownership, deductions, and changing financial circumstances can all affect the calculation.
Stephen Cawelti helps parents understand how California’s child support laws apply to their specific circumstances. Whether you’re establishing support for the first time, believe an existing order should change, or are dealing with unpaid support, our team can help you understand your options and determine the best path forward.
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California believes that both parents are equally responsible financially for the upbringing of their children. When a California judge calculates how much a parent will have to pay in child support, they will generally look at four different things: first, the income, including net disposable and passive income; deductions — these are things like child care costs and health insurance; the child custody percentage with each parent; and also the child’s current standard of living.
There is actually a formula that most judges use to determine the amount, and that formula is very complex but accounts for all four of those factors. Parents can agree to a child support amount, but only the judge can decide if it is appropriate and if he or she will accept it and sign it as an order. This is why it’s important to have an experienced child support attorney to guide you through the process. A good attorney will help you to craft an agreement that will not only protect your interests but that the judge will approve.
Income and life circumstances can change, and child support orders can be modified if the change is substantial enough. You can ask for a modification for multiple reasons, but the main reasons are typically if you or your ex’s income increases or decreases, you are laid off or fired, your family size changes, or your custody agreement changes.
Typically child support ends when the child turns 18. If the 18-year-old child is still a full-time high school student, child support ends when the child graduates or turns 19, whichever occurs first. There are special laws for adult child support, particularly if there is a disability or true need for an adult child to be supported financially.
California’s child support guideline considers several financial and parenting factors. Understanding what goes into the calculation (and making sure those inputs are accurate) can have a meaningful impact on the final order.
A child support order may need to change when life changes. A significant shift in income, employment, or parenting time can affect the amount of support owed. Stephen represents parents seeking modifications as well as those responding to a request to change an existing order.
When support isn’t being paid as ordered, there are legal options for enforcement and recovering past-due support. Stephen can help determine what is owed and the appropriate steps to enforce the order.