Family Law Overview
Personal Service | Individual Attention
A San Diego County Attorney Dedicated To Protecting Your Child Support Rights
Both parents have a legal duty to provide financial support for their children. The court may order either both parents to make regular payments to cover a child’s living and medical expenses. This payment is called child support.
Paula D. Kleinman, A Professional Law Corporation represents both custodial and noncustodial parents, as well as the parent paying child support (the obligor) and the parent receiving child support (the obligee). My law firm handles all types of child support matters, such as:
The Court’s Role In Child Support
California uses a statutory formula, known as the Statewide Uniform Child Support Guidelines, to determine what a noncustodial parent should pay in child support. While this formula involves fairly simple calculations, a family lawyer can go a long way in determining what constitutes income and what should be included in child support calculations.
The support order may be part of a temporary, permanent, or modified court order in a divorce, paternity action, or child custody action. Child support is based on both party’s income and the percentage of time the child is in each party’s care. The court may also order additional child support such as medical support, daycare and other expenses. The court may reduce child support based on certain hardship circumstances.
In deciding the amount of child support, the court will consider income from all sources, whether or not it is reported or taxed under federal law. The income can be in the form of money, property, or services. Welfare payments and Supplemental Security Income (SSI) are not included as income.
Finding Fair Arrangements Under The California Child Support Guidelines
For instance, self-employed parents may under report their income for the purposes of minimizing his or her child support obligations. If this describes your situation, my law firm will work to show the true income of the other parent. In other cases, a parent may knowingly decide to stay unemployed or underemployed to reduce what he or she pays in support. If you suspect the other parent of your child is refusing to work, my law firm can ask the court to “impute” income to this parent.
Another complicating factor in child support issues involves members of the military. For instance, much of a soldier’s income, such as the Basic Allowance for Housing (BAH) is nontaxable. It is vital that courts properly evaluate whether a soldier’s income is taxable or nontaxable. My law firm handles every aspect of child support, including modifications of child support and the enforcement of delinquent child support payments.