Child support is a highly contested issue in many divorces. As with child custody matters, your child’s best interests are key in determining the amount of child support. It is important to get a fair and accurate determination because the amount affects not only your personal financial situation, but also the quality of your child’s life going forward.
At The Law Office of Lori Clark Viviano, we calculate child support payments to give our clients an idea of the amount a judge may order. We also represent clients who need to enforce or modify an existing child support arrangement. With nearly 25 years of family law experience, we understand the California child support guidelines and work hard to ensure that the child support determination is realistic and based on all sources of income.
To arrange a consultation with an experienced San Diego child support attorney, call (619) 817-8691 or toll free (866) 567-3520. You can also contact our law firm online.
How Is Child Support Determined?
Child support is determined by California Family Code §4055 – Statewide Uniform Guidelines for Determining Child Support. This is a section of the law that lays out a formula courts use in awarding support. It takes many factors into account, such as:
- Parents’ gross income, including salary, commissions, potential income, pension benefits and more
- Educational and medical needs of the child
- Child’s standard of living if both parents were living together
- Parents’ debts
- Child custody arrangements
The formula can be complicated by other factors such as child support to children from a previous marriage, the value of a closely held business, or the value of a high asset estate.
It is important to understand that the guidelines only establish a minimum amount that is required to be paid. The parties can agree to higher payments. We work with you to help identify a level of child support that is in the best interests of your children.
Child Support Modifications
Illness or job loss may impact a person’s ability to pay child support. Alternatively, if a custodial parent loses his or her job, additional child support may be needed in the short-term. However, failure to have a change in child support payments reviewed and approved by the court could lead to financial penalties and other legal consequences.
Even if your ex-spouse verbally agrees to a temporary change in child support, your verbal agreement does not have legal authority. Additionally, child support is an obligation owed to your children, not your ex-spouse. If you need to modify your child support payments, our attorneys can prepare your petition and help document your financial or health condition.
Child Support Enforcement
Child support is not voluntary. It is a legal obligation owed to your children, enforced through a court order. While the California Department of Child Support Services enforces child support orders, it can be slow to act. At The Law Office of Lori Clark Viviano, we act immediately to file a contempt order to rush to the defense of a noncustodial parent targeted by an angry ex-spouse. Failure to pay child support could result in garnished wages, driver’s license suspension, even jail. Our office intervenes on behalf of our client to either expedite enforcement actions or protect you from false allegations and arrest.
Contact a La Jolla Custody Modifications Attorney
We offer aggressive, strategic counsel to those involved in disputes regarding child custody. To schedule a confidential consultation with an experienced lawyer, call (619) 817-8691 or toll free (866) 567-3520. You can also contact us online. Mention our website when you call to receive a discounted rate on your first meeting.
We accept credit cards. Evening hours are available upon request.