Costa Mesa Child Support Lawyer

Costa Mesa Child Support Attorney

Ongoing financial support following divorce is often a hot-button issue. This is because couples who get a divorce understandably don’t want to be financially tied to one another. However, child support and spousal support are critical tools to ensure that all family members have the funds they need when a household splits apart. A Costa Mesa child support lawyer can provide detailed insight into California law as it pertains to these family law issues.

At Engels-Janzen, our attorneys are ready to guide you through all aspects of your divorce or other family law matter, including spousal support and child support. We have over 15 years of combined experience in this area of law, and we help clients seek practical and sustainable outcomes that meet the needs of children and parents alike.

The Child Support Process in California

Any parent may petition child support in California, either on their own or as part of the family separation process if going through a divorce. Both parties, the petitioner and respondent parent, may work together on an agreement for child support payment amounts, or a family court judge may hand down an order of child support with an amount determined by California’s child support calculator and guidelines.

Child support amounts are based on the income of each parent or legal guardian, as well as the time the child spends with each. Other financial and life factors are also considered. If a person is unsure of whether they are responsible for child support, they may request to challenge legal parentage.

The consequences of failing to meet child support obligations are severe, including license suspension, fines, and even jail time. When children are involved in a divorce, or if parents are unable to work together to determine child support responsibilities, it may be beneficial to consult a family law attorney for assistance.

We Can Help You Establish Child Support And Seek Modifications

The first thing to remember about child support is that the money awarded is for the children, not the parents. This is often lost in the struggles between separating parents, and it is something both sides need to be reminded of. The children are the innocent parties in any dissolution or separation of partners. California makes child support mandatory according to state guidelines.

If a court deviates from the guideline, it must first calculate the guideline amount and then state (on the record) the justification for deviating from it. Deviation can mean less support or more support, and it must be in the best interest of the child. It is a high bar to overcome to have child support altered from the guideline, but if the deviation is necessary, our attorneys will help you make the strongest possible case for doing so.

Over time, you may encounter the need to either modify the child support agreement or seek to have it enforced. Our attorneys are well-versed in post-judgment modification and enforcement actions, and we can help you even if we weren’t involved in the original case.

Will Spousal Support Be A Factor In Your Divorce?

Spousal support, sometimes called alimony, is not as common as it used to be. This is because, in many marriages, both spouses work and have independent sources of income. Nonetheless, spousal support is still needed and used when there are significant financial imbalances between spouses.

In California, support can be temporary (while the divorce is pending) or permanent (after the divorce has been finalized). In this context, “permanent” does not necessarily mean lifelong. Duration of support is based, in part, on the length of the marriage.

It is critical for the court to have accurate information about the financial status of each spouse and their abilities/needs. Whether you are seeking spousal support or are being asked to pay, our attorneys will help you make a compelling legal argument for why support is or is not necessary. If support is awarded, we will work diligently to ensure that the award amount is reasonable and sustainable for both parties.

FAQs

What Is the New Child Support Law in 2024 in California?

The new child support law in 2024 is a change to the formula for calculating child support amounts. This change alters the decades-old child support calculation formula by introducing a new category for income levels – low-medium adjustments.

This modification takes the financial circumstances of families that are not low- or medium-earners, but are somewhere in between, into consideration, making it easier for recipients of child support orders to comply with their responsibilities.

How Much Back Child Support Is a Felony in California?

There is no specific back child support amount that can lead to a felony charge. Under California Penal Code § 270, it may be a misdemeanor for a parent to willfully omit to provide support for a child, and the statute allows room for this willful omission to be charged as a felony. Serious offenders may face federal charges as well.

What Is the Biggest Factor in Calculating Child Support?

One of the biggest factors in calculating child support in Costa Mesa, CA is the income of each parent and the share of time each parent spends with the child. A person who has child custody and with whom the child lives may thus be entitled to receiving child support payments. Changes to income and the time each parent spends with a child may lead to modifications of the child support amount.

How Much Is Child Support for One Child in California?

How much child support one child can receive in California depends on multiple factors. Though it is a legal requirement for parents to be financially responsible for their children, there is no specified amount they must pay. A family’s situation determines their rights to child support and a specific payment amount, including the income of both parents and how much time each parent spends with the child.

Discuss Your Legal Options With Our Attorneys For Free

Being liable for child support is a responsibility that should not be taken lightly. As both parents bear financial duty towards a child, child support orders are used to ensure this duty is fulfilled. Whether you are struggling to petition for child support, enforce child support orders, or feel the court has made a mistake in their child support calculation, having a skilled Costa Mesa child support lawyer can lead to a positive resolution of your case.

From our office in Costa Mesa, Engels-Janzen is able to serve clients throughout Los Angeles and Orange counties. To take advantage of a free initial consultation, call us at 949-269-7709 or send us an email.