Los Angeles Family Law Attorneys & Lawyers
Child Support
Child Support Basics
In California, the Child Support Guideline establishes the minimum level of support required for children. The guideline calculates support based on the income levels of both parents. Our attorneys can help you figure out and negotiate the amount you will pay or receive based on these guidelines.
The Child Support Guideline is a mathematical calculation that can be very difficult to understand how to interpret and understand. Thankfully today there are computer programs designed specifically to calculate child support taking into consideration all the factors allowed under the law. The most common computer program is call “Dissomaster.” Today, all judges and attorneys will use a computer program to determine child support.
It should be understood that in the vast majority of cases, the court orders child support above the minimum level, as determined by local support guidelines. That is because there usually are “add-on” issues that the Court needs to address such as the cost of daycare and medical insurance.
Child support must be paid until the child becomes 18, unless the child has not graduated from high school, in which case the child support continues until the child has graduated high school or becomes 19, which ever occurs first.
Presently, the law does not give judges the power to make a parent support a child beyond the age of 19, unless the child is physically or mentally disabled. Therefore, absent unusual circumstances, a judge will not order a parent to help pay for an adult child’s college education. However, the parents can agree that child support is to continue into the college years, and such an agreement will be enforced by the Family Law Court.
Are Child Support Orders Modifiable?
The answer is yes. A Child Support obligation is always modifiable, therefore if you are responsible for support payments, and you loss your job, or receive a pay cut, you can have your support obligation lowered. If you receive child support, you can have the payments increased if the other parent receives a pay raise. There simply needs to be a change in circumstances in either of the parents’ income. However, the Court will never automatically make any changes to the Order. A party must go to Court and request the change. Therefore, it is important that the parents keep abreast of what’s going on in the child support case.
Department of Child Support Services Cases
A recent change in child support law is the creation of the Department of Child Support Services. The Department is a state agency with local departments in each county. In fact, recently additionally changes made it so all collections will be done at the State level rather than the local county level.
The program has built extended networks with federal, state and county governments to collect child support payments for children whose parents are not in the home. Specifically, the Office is a powerful agency that uses the resources of the local and / or out of state government to locate parents, establish court orders for child support, and collect court ordered support. Any recipient of child support, regardless of income is eligible for the free child services provided by the Department of Child Support Services.
At Diamond, Burt & Akhkashian, LLP, we have extensive experience in defending parents against the child support enforcement actions instituted by the Department of Child Support Services. Our experience in this area has shown us that taking on the Department without a competent and aggressive attorney can be disastrous for the client. The Department has superior financial and legal resources at their disposal, and it is simply unwise to defend against them without professional representation.
Additionally, It is true that the Department will attempt to enforce child support payments against a parent who lives outside the State of California. If you hire us, and if you are out of state, our attorneys can appear on your behalf before the Los Angeles County Court without you having to travel to California. Our attorneys have helped many clients in this position throughout the United States. Without a lawyer, these out of state clients often get the worst deal.
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