Huntington Beach Child Support Lawyer
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Huntington Beach Child Support Attorney
Child support can be a contentious subject between parents, whether they wish to be paid more or to pay less. Since California law states that both parents are responsible financially for their child, it usually comes to the courts to decide who is awarded child support and how much.
If you’re experiencing divorce, need a support plan with your co-parent, or legal advice, a Huntington Beach skilled child support lawyer at Law Office of Stacy L. Campuzano can help with this often difficult process.
How Child Support Is Determined in Huntington Beach
Child support in Huntington Beach is determined using the same guidelines throughout the state of California. This guideline takes the income of both parents and parenting time and costs into consideration to determine how much the noncustodial parental will be awarded. The main considerations are:
- Parent’s Income – How much each parent makes in their wages, salaries, bonuses, commissions, and other forms of income is a fundamental and significant factor when determining child support.
- Time Spent with the Child – The amount of time each parent spends with the child is a factor when determining how much the support will be. The more time the noncustodial parent spends with the child, the lower their child support cost may be.
- Health Insurance Costs – If one parent provides health insurance for the child, the court might adjust the child support amount owed. Since both parents are responsible for providing for the child, the parent who provides the coverage may be entitled to reimbursement from the other parent for their share of any costs.
- Childcare Costs – If the child has to go to daycare or is babysat because of the custodial parent’s job or schooling schedule, these costs will be considered in the child support calculation.
- Tax Deductions and Credits – Which parent claims specific tax deductions such as mortgage, interest, and property taxes, and if they receive child-related tax credits are taken into account.
Besides these factors, there may be special circumstances that can be taken into consideration, such as medical and healthcare expenses, educational costs, extracurricular activities, and even if the parents have children from different relationships.
Child Support Court Process
While each family’s case will be different, there is a general court process for the determination of child support in California. Before starting the process, it is recommended that you consult with a family law attorney for guidance and to better understand your situation.
Either parent may initiate the child support process, and this is done by filing with the local court or contacting the California Department of Child Support Services (DCSS). The petition includes information about both parents and the child as well as details about the request.
The noncustodial parent is served with legal documents informing them about the case and has the opportunity to respond to the petition. They also may be required to provide financial information, including income, assets, and expenses, for the court to determine the child support.
Sometimes, the court may encourage mediation or settlement negotiations outside of court. If they can, the agreement is submitted to the court for their approval. But if they cannot, a court hearing may be scheduled. During the hearing, both parents present their arguments, and the court will look at the evidence and information that both sides brought.
The court will then issue a child support order outlining the amount of child support to be paid, how frequent the payments will be, and other terms unique to each family situation. If one of the parents decides they don’t like the outcome, they can appeal the support order.
The Interests of the Child
When making any decision regarding child support orders, the court will always decide in the interests of the child. This means they will consider the safety, welfare, and health of the child, the current relationship the child has with both parents, any history of abuse by anyone in the household, and either parent’s use of illegal substances or abuse of alcohol.
California Family Code states that children have the right to frequent and continuing contact with both of their parents, except in situations where being with their parents is not in their interest.
The California Department of Child Support Services (DCSS)
The DCSS primarily manages the state’s child support program and falls under the California Health and Human Services Agency. Its primary goal is to ensure that both parents fulfill their financial responsibilities towards their children and promote the well-being of families. The DCSS also:
- Assists in establishing legal paternity of children,
- Offers a range of support services to parents, such as providing resources and information and even locating noncustodial parents,
- Collaborates with local child support agencies (LCSAs) at the county level to provide services to parents and help with child support,
- Operates the Centralized State Disbursement Unit (SDU), which processes child support payments and is one of the methods noncustodial parents can use to pay custodial parents,
- Conducts educational and outreach activities to help parents know their rights and responsibilities, the child support processes, and provide available resources.
Timeframe for Obtaining Child Support Orders
Is Child Support Retroactive in California?
Modifying Child Support
Child support orders are not always set in stone and can be modified when there is a change in circumstances. Either of the parents can request a modification to better fit the child’s current needs if there were changes in parenting time or if one or both parents’ financial situation has changed.
To file for a modification begins similarly to the original filing process, which is filing a request with the court. You will need documentation to support the change in circumstances, such as pay stubs, tax returns, medical records, or any financial information. A notice will be served to the other parent of your intent to modify the child support order.
A court hearing or mediation session will be put on the schedule, and both parents have a chance to present documentation supporting their positions. If the court finds there has been a substantial change, it may issue a revised child support order.
The court will always consider the interests of the child when determining whether or not to modify the order.
How Is Child Support Paid?
In California, parents can choose from a few ways to make their child support payments, and this is usually agreed upon between the parents or a court order.
Many child support orders are managed by the California DCSS because they can provide services such as income withholding and ensure timely and regular payments to the custodial parent. This also helps with keeping documentation that the payments were made.
Another way is a court-issued Income Withholding Order, which tells the noncustodial parent’s employer to withhold child support payments directly from their paycheck. The employer sends the money to the SDU, and they are given to the custodial parent.
Some parents may agree to make child support payments directly to each other without involving the California DCSS. This requires a high level of trust between the parents while maintaining accurate records of payments made and received.
What Happens If One Parent Fails to Pay Child Support?
Obeying a child support order is not optional, and if the noncustodial parent does not pay, they could face serious consequences such as being held in criminal contempt of court. This comes with a misdemeanor charge in California, and they could face a jail sentence.
Nonpayment of child support could also lead to wage garnishment, property liens or asset seizures, tax refund denial, levying bank accounts, and revocation of driver, professional, hunting, or boating licenses.
If you’re experiencing issues with unpaid child support or the inability to pay child support, you should consult with a family law attorney for guidance on working with the California DCSS. A lawyer can help you understand your rights and options, document unpaid support, and provide legal intervention if necessary.
Can Child Support Be Ordered if Both Parents Share Custody Equally?
Yes, child support can still be ordered in cases of equal or shared custody in Huntington Beach, California. Since child support is calculated using a statewide guideline, and the income of both parents is a considered factor, the parent with a higher income may have to pay child support.
The main goal of child support orders is to ensure that both parents contribute financially in proportion to their incomes and to create a standard of living for their child that is consistent with both parent’s finances.
If One Parent Has Another Child With Someone Else, Will They Pay Less Child Support?
In California, the fact that one parent has another child with someone else does not automatically mean there will be a reduction in child support for the first child. Having additional children may affect the noncustodial parent’s available income, thus potentially influencing the child support calculation.
If a parent believes their child support obligations should be modified due to the change of income or the birth of additional children, they can request a modification through the court. It is then up to the court to assess the situation and make any adjustments if necessary.
If the Parents Were Never Married, Will That Impact the Child Support Amount?
What if the Noncustodial Parent Lives in A Different State?
If the noncustodial parent lives in a different state, child support will fall under interstate laws and procedures. Interstate child support cases are usually handled through the Uniform Interstate Family Support Act (UIFSA), which is recognized by all states.
California adopted the UIFSA in 1993 to provide the framework for states to work together when it comes to child support matters that cross state lines. It defines the jurisdictional rules, allows for withholding income and order modifications, and outlines rules on existing out-of-state child custody orders.
Should I Get a Lawyer for Child Support?
If you’re experiencing child support court or contemplating it, you might be wondering if it is better to hire a child support lawyer or handle the matter yourself. Family court comes with complex court procedures and requires familiarity with current laws and guidelines. Choosing to hire a lawyer can help you avoid struggling through those complexities and rules.
In addition to bringing legal knowledge to your case, a lawyer can assist with uncooperative or unresponsive co-parents, negotiate on your behalf during disputes, and facilitate any negotiation between you and your co-parent to help you reach legal and fair agreements. Overall, hiring a lawyer comes with the peace of mind of knowing you have a legal professional advocating for you.
Reach Out to the Law Office of Stacy L. Campuzano
During the often stressful and difficult time of working out child custody and support, you need to work with a compassionate and experienced attorney at the Law Office of Stacy L. Campuzano. Stacy and her team are experienced in the family law field and understand what you are going through. To get started, contact the Law Office of Stacy L. Campuzano today.
