Newport Beach Child Support Lawyer

Newport Beach Child Support Attorney

Going through a divorce is an emotionally challenging time for not just the couple but also any children, too. Deciding on a visitation plan and navigating the California legal system in regard to custody and child support can bring up a lot of feelings. Legally enforceable child support can help ensure your children receive consistent care and resources. A Newport Beach child support lawyer is crucial to making sure your rights are protected and your family’s future is stable.

At Cianci Law, PC, we help our clients resolve complex child support issues under California law. Our team is led by Melissa Cianci, who is a Certified Family Law Specialist, with extensive experience guiding families through divorce proceedings from beginning to end.

How California Calculates Child Support

Between 2022 and 2023, 111,894 marital cases were filed in California. Divorce in California takes at least six months, and once filed, you can open a case for child custody and support.

Regardless of marital status, both parents are legally obligated to help support their children. Usually, the parent with a higher income pays child support, but that isn’t always the case. As of 2021, California parents owed $18.4 billion in overdue child support payments, both to their families and the government.

California courts act in the best interest of the children and calculate child support based on income, time spent with the child, and case-specific expenses, like health insurance or childcare. The formula used to calculate support is outlined in California Family Code 4055, with the outcome depending on each parent’s net disposable income, the total time they each spend with the child, and the portion of combined income that should go towards supporting the child.

Income includes things such as:

• Wages
• Self-employment earnings
• Investment returns
• Certain government benefits

Deductions are also taken into account to reduce the parents’ gross income and calculate the final amount. Deductions can include:

• Taxes
• Health insurance premiums
• Mandatory payroll contributions

Child support in California typically ends when the child turns 18 or graduates from high school, whichever is later. Support may continue beyond that if the child is disabled.

Newport Beach child support cases are usually heard at the Lamoreaux Justice Center. It is the main courthouse for family law cases in Orange County. Parents must follow local court rules, filing procedures, and timelines.

Having a law firm with years of experience in California family law is vital to representing your case. Cianci Law, PC, approaches each unique case with the compassion it deserves and is dedicated to helping its clients get the most favorable outcome possible.

Other Considerations Taken When Calculating Support in California

The law allows for child support adjustments to be made for low-income parents. This applies to any parent who earns less than someone working full-time at minimum wage. For parents receiving public assistance on top of child support, California will give them up to $100 for one child or up to $200 for two or more children.

In 2023, California’s Department of Child Support Services sent out $2.2 billion in child support payments to families. The rest of the child support payment goes back to the government to help pay for the public assistance the family received.

If the court suspects a parent is underemployed on purpose or hiding their income to avoid paying child support, they might calculate support based on the parent’s earning capacity instead.

Courts can also order parents to split travel costs for visitation or daycare expenses. If parents can agree on a number different from the court-ordered formula that still meets legal requirements, it may be awarded with final court approval.

Modifications in Child Support

If a parent’s income or parenting schedule changes significantly, either parent may request a modification in child support. Reasons for a modification request can be for a variety of reasons, such as job loss, custody changes, income changes, disability, incarceration, or military deployment.

Having an experienced attorney represent you during this time is essential to ensure you’re explaining your personal situation and staying compliant. Your attorney can help you understand filing deadlines and necessary documentation, which can include your new income, expenses, disability status, unemployment status, and childcare costs.

If both parents agree to a new child support amount, they can file the agreement or stipulation with the court. However, for those who cannot agree, a judge will make the final decision.

FAQs

Q: Is a Lawyer Worth It for Child Support?

A: When it comes to the stability of your family and the well-being of you and your children, having a lawyer represent you is incredibly important. At Cianci Law, PC, we have extensive knowledge of California law and can help explain your rights and expectations.

We understand Orange County’s local court procedures and how to present the strongest case possible. Parents who try to handle cases by themselves can make simple mistakes that could lead to lifelong consequences.

Q: When Does Child Support Usually Start in California?

A: Child support in California begins once a parent formally opens a case and files a request with the court. The parent requesting support must submit a “Request for Order” (Form FL-300) along with an Income and Expense Declaration. After filing, the court will schedule a hearing. If approved, support typically starts from the hearing date, but a judge can also order retroactive support to an earlier date, depending on the circumstances.

Q: What Is the New Child Support Law in California?

A: As of September 1, 2024, updated guidelines changed how child support is calculated in Newport Beach and throughout California. These updates include a revised low-income adjustment and clearer rules on uninsured healthcare and childcare costs. These reforms aim to reflect parents’ financial situations more accurately.

With updated support guidelines, the goal is to reduce financial pressure and improve stability for families.

Creative Family Solutions – Trusted Child Support Law Firm

If you are dealing with a child support case in Newport Beach or the surrounding area, contact Cianci Law, PC today to schedule a consultation. With a wealth of experience, our team is dedicated to representing you and advocating for your family’s well-being.

See Related Posts:

• California Child Support Enforcement Laws
• Special Needs Child Support in California: Eligibility, Calculation & How to Apply
• Summary Dissolution Versus Divorce in California: What’s The Difference? 2025