Laguna Niguel Child Support Lawyer

Laguna Niguel Child Support Attorney

The financial needs of a child do not change simply because their parents separate. When parents in Laguna Niguel go through divorce or separation, child support is often a major and overwhelming part of the legal process. Hiring an experienced Laguna Niguel child support lawyer is key to ensuring the most favorable outcome for you and your family.

Cianci Law, PC has extensive experience helping support Orange County families throughout the entirety of family case proceedings. With an office in San Juan Capistrano, our firm serves Orange County and surrounding cities. We have knowledge of local court procedures and handle cases of varying complexity involving family law, such as child support, divorce, and child custody.

Step-by-Step Process of Child Support in California

Family law cases in Orange County are handled through the Lamoreaux Justice Center in Orange, CA. If there is no existing case, such as a divorce case or legal separation, paperwork must be filed to start one. Hiring an experienced attorney to assist you throughout the entire process is necessary to ensure your rights are protected.

Either the child’s parents or the child’s legal guardian can begin the first steps of a child support case. For parents who are unmarried, where one does not believe they are legally responsible for the child, they have the right to request proof of parentage.

When submitting initial filings for divorce, legal separation, or parentage, one can also file a Request for Order. This request is for the court to make temporary, immediate orders about child support and to require the other parent to appear in court.

After a case is opened, the parent who is being asked to pay child support will receive a Summons and Complaint packet. This legal notice informs them that a child support case has started. The parent has 30 days to respond. If they do not, the court may issue a child support order without considering their financial situation.

At the first hearing, it is important to arrive early and bring supporting financial documents such as:

• Recent tax returns (usually last two years)
• Pay stubs or proof of all income
• Records of childcare, education, or medical expenses
• Documentation of any public assistance received
• Proof of existing health insurance coverage for the child
• A parenting time calendar or custody schedule

The judge then hears the case and reviews financial and other relevant information from both parents to decide the support amount. The judge also decides who pays for the children’s health insurance and how to share other costs, such as visitation, travel, and childcare costs.

Once the child support order is set, payments begin. In 2022, Orange County established 682 new child support orders through the court.

Modifications to the support order may be considered if requested in good faith. However, there must be a significant change in circumstances, such as:

• Job loss
• Substantial income increase or decrease
• A disability

Child support cases usually close when the youngest child turns 18 and is no longer a full-time high school student, provided there are no unpaid balances.

Changes in Child Support Calculations

Significant reforms to California’s child support guidelines took effect on January 1, 2024. Senate Bill 343 repealed the previous law that required courts to issue quick child support orders based on the limited minimum financial information of the parents.

Now, courts can take more time to review the complete financial details of each parent before making their decision on how much child support should be paid. California courts now also take low-income parents more into consideration.

In practice, this means high-income parents may see slightly increased obligations, while lower-income parents may benefit from reduced orders, ensuring the child’s needs are still met without overburdening either party.

With Laguna Niguel’s cost of living being 56% higher than the national average, this change can help financially vulnerable parents from falling into debt. This change is meant to ensure child support amounts are fair and better reflect each parent’s actual financial situation.

FAQs

Q: Can You Negotiate Child Support in California?

A: Parents can reach their own agreements on child support in California as long as those agreements comply with the state’s guidelines. Even if both parties agree on an amount, the court must give its final approval to help ensure the child’s financial needs are properly addressed. Parents may use mediation or informal discussions to work out the details, but legal counsel is needed to ensure that any agreement is compliant with California law.

Q: What Happens if You Can’t Afford Child Support in California?

A: Child support orders are legally binding. If a parent delays or refuses to pay, enforcement actions can include:

• Suspension of driver’s license or passport
• Revoking professional or occupational licenses
• Placing liens on bank accounts or property
• Intercepting tax refunds or lottery winnings

California law charges 10% interest on unpaid support. Contempt charges may be filed as well. Parents having trouble paying should contact their local agency immediately to request modifications.

Q: What Is the Most Money Child Support Can Take in California?

A: In Laguna Niguel, California, money is automatically taken from the paying parent’s paycheck to give to the parent who takes care of the child. This helps make sure payments are made on time. California law requires that the employer must follow this rule. Usually, up to 50-60% of the paying parent’s income can be taken, depending on their situation. If payments are late, even more can be taken.

Reach Out to a Skilled Child Support Attorney at Creative Family Solutions

If you live in Laguna Niguel or other areas of Orange County and are involved in a child support case, Cianci Law, PC is ready to help. We approach every new case with empathy and assist with filings, modifications, court hearings, and final agreements. Contact our Laguna Niguel office today to schedule a consultation and discuss your case.

See Related Posts:

• California Child Support Enforcement Laws
• Special Needs Child Support in California: Eligibility, Calculation & How to Apply
• Recognizing Early Signs of Divorce in California