San Clemente Child Support Lawyer

San Clemente Child Support Attorney

Whether or not the parents of a child stay together, separate, or divorce, the financial responsibilities remain the same. Divorce or separation is an incredibly challenging time for the entire family, and child support often becomes a key part of the legal process. Working with a San Clemente child support lawyer is vital to helping you understand your rights and protections during such a destabilizing time.

Here at Cianci Law, PC, we help take the weight off our clients during family law cases so they can focus on their families. We help make sure legal obligations are met and that children’s needs are addressed properly. Our dedicated legal team, led by a Certified Family Law Specialist, can handle all aspects of California family law, including support determinations, enforcement, and modifications.

How Child Support is Calculated in California

Home to 66,245 residents, San Clemente is located in Orange County. Cases involving family law are heard at the Lamoreaux Justice Center in Orange, CA. Between seven and thirteen percent of San Clemente residents were divorced as of 2023.

Understanding how child support is calculated in California is essential for any parent navigating divorce or separation. Parents can agree on an amount of child support together outside of court, but the court gets final approval to ensure the amount is legally compliant and the child’s needs are being met.

California uses a statewide formula under Family Code 4055 to calculate child support. This formula accounts for potential deductions, among other factors. California law considers all aspects of each parent’s finances, such as:

• Time spent with the child
• Cost of childcare
• Cost of the child’s medical expenses
• Cost of travel for visitation
• Other deductions. This can include health insurance premiums and mandatory payroll contributions such as Social Security and Medicare taxes.

Considering these deductions helps the court gain an accurate picture of each parent’s financial situation and ability to support their child. The parent with higher earnings typically pays support, but exceptions exist, such as when a parent’s income is intentionally lowered or finances are hidden to avoid paying.

Parental Legal Obligations in California

California law legally requires parents to support their children financially, even parents who do not regularly see their children. Parents cannot use prenuptial agreements to avoid paying support. This ensures that children receive consistent financial care regardless of family circumstances. However, a non-biological step-parent is not typically required to pay child support after separation or divorce unless they have legally adopted the child.

There are additional exceptions where non-biological parents may owe child support, for example, if a non-biological parent has voluntarily placed their name on the child’s birth certificate or claimed the child as their own.

Similarly, in a marriage, a husband is presumed to be the father of any child born during the marriage and may have support obligations until paternity is legally disproved or a support order is changed.

Ways to Terminate Child Support

While court-ordered child support is legally binding, there are a few ways child support legally terminates. This typically happens when there are major changes in custody or financial circumstances. These circumstances can include:

• The child reaches adulthood or becomes emancipated.
• Significant custody changes reduce or eliminate the need for support.
• Major financial changes occur, such as a decrease in the paying parent’s income.
• The child or paying parent dies, ending their obligations immediately.

The termination process involves gathering evidence of changed circumstances, filing court forms requesting termination, and attending hearings where a judge reviews the case.

Modifications and Legal Consequences of Failing to Pay Child Support

With the cost of living in San Clemente being 56% higher than the national average, it’s common for paying parents to struggle to meet their child support payments. If you are struggling to pay child support, it’s worth consulting an attorney to discuss your options and request a modification to the child support order.

Child support orders can be modified if there is a significant change in circumstances, such as loss of a job, a disability, military deployment, incarceration, or changes in custody.

To seek a modification, a formal request must be filed with the court, demonstrating a substantial change. The court will then review relevant evidence before deciding whether to adjust the support amount.

Failing to pay court-ordered child support carries serious consequences, including suspension of professional and driver’s licenses, liens placed on bank accounts or property, interest placed on any late payments, and even reports to the parent’s credit bureau, resulting in hurt credit. In extreme cases, charges may be pursued. Rather than falling behind on payments, consult with Cianci Law, PC about the change in your financial situation.

FAQs

Q: At What Age Does a Father Stop Paying Child Support in California?

A: Regardless of which parent is paying child support, payments typically end when the child turns 18. However, if the child is still a full-time high school student and lives at home, payments may last until graduation or the child turns 19. If the child is disabled and unable to support themselves, the court may extend support further.

Q: How Do I Argue Against Child Support?

A: To respond to a child support case, you’ll have 30 days to fill out Form FL-610 (Answer to Complaint). If you disagree with the proposed support amount, you can also fill out Form FL-150 (Income and Expense Declaration). You’ll then make three copies of everything: one for yourself, one for the Local Child Support Agency (LCSA), and one for the other parent. After filing with the court, have someone serve the LCSA and the other parent with your forms.

Q: Can Child Support Be Collected Retroactively in California?

A: In San Clemente, California, a judge can order something called ‘retroactive child support.’ This child support payment covers a time period before the final support order was issued. Unless there was a delay in notifying the paying parent, this support usually starts from the date a parent files their request for support.

Seek Help From Creative Family Solutions Today

If you are involved in a child support case in San Clemente or surrounding areas in Orange County, Cianci Law, PC can assist you. With years of experience and a strong understanding of California family law, our firm guides parents through initial filings, modifications, and enforcement actions. Contact our office today to begin your case.

See Related Posts:

• California Child Support Enforcement Laws
• Special Needs Child Support in California: Eligibility, Calculation & How to Apply
• What Is the Family Law Act in California?