Santa Ana Child Support Lawyers

If you are going through a divorce or breakup and have children with your ex-partner, child custody and child support are significant issues that must be solved before you separate. Child support is a payment made from one person to another to provide monetary assistance for any underage children. Child support payments and general timelines are usually approved by a court order and enforced by a judge.

Whether you are attempting to get child support payments from your partner or you are the one paying child support payments, our attorneys are here to help. Our team at Sarieh Law Offices, ALC, will review your case and advise you on the best way to proceed. Whether you want to fight for more child support, adjust your child support agreement, or formalize a voluntary child support agreement, we can assist you. Call today at 714-694-7723 for a free consultation.

How is Child Support Calculated?

If you would like to create a child support agreement, California offers a handful of ways to do so. The most common way is to apply via the court’s website asking for the court’s involvement. You can also have a lawyer on our team file a petition on your behalf or go through the California Department of Child Support Services.

Once your child support case is open and active, the court will calculate child support based on a few factors. Typically, they will consider both parents’ total income, the total net disposable income each party has, and the high net disposable income each person has. The court will also factor in which parent spends less time with the child and any discrepancies between income amounts. In most cases, the non-custodial parent, or the parent with less custody of the child, will pay child support payments.

To ensure that child support is fair, a basic child support obligation will include factors like the current financial situation of the parents as well as the child’s needs. Child care, health insurance, daycare expenses, and medical expenses are all factors that may increase child support payments. In many cases, parents can collaborate and agree upon a payment amount the court approves. These payments are made monthly and can be sent via cash, check, or direct deposit.

The calculation of child support can be challenging to understand, especially in complex child support cases. If you need help understanding how to calculate child support or why the court ordered your payment in a certain way, contact a child support attorney on our team.

How is Child Support Enforced?

Once a child support agreement is court-ordered, the court holds the paying parent responsible for the agreement they made. This means that if payments are late or never made at all, that parent can be punished by the court.
There are a few different ways the state of California will enforce child support payments, including:

Contempt of Court

Contempt of court can be civil or criminal. Either way, contempt of court can lead to fines or jail time. If a parent is held in civil contempt, they can typically be released if they pay the amount they owe for child support. Penalties and fees may apply for both civil and criminal contempt.

Court-Ordered Penalties

There are a variety of penalties the court may enforce during a hearing for unpaid child support payments. These include fines, financial reparations, wage garnishments, and jail time. However, if the non-custodial parent cannot pay their child support payments and can prove this in court, then the penalties will not apply.

Temporary License

If a parent falls 30 days behind or more on their payments in California, the Department of Motor Vehicles may refuse to issue or renew their license. This means that the delinquent parent could only use a temporary license. If they are more than 120 days behind on payments, the state will refuse to issue them a license at all.

Credit Reporting

If you notify the Department of Child Support about the parent’s payments falling behind, the department can report them to credit agencies. This will lower the individual’s credit score and likely prevent them from applying for loans or other financial services.

Child support enforcement is a significant part of child support agreements. If your child’s other parent is not paying their agreed-upon payments, contact our attorneys today. We will review your case and decide the best course of action to enforce those payments and get your child the money they deserve.

Can Child Support Orders be Modified?

If either parent goes through financial changes, the court allows them to modify the child support agreement at any time. The parent must be able to prove their financial status and any changes to justify the request. The court will consider modification based on the reasons for the request and the current financial situation of either parent. The court will also factor in any parenting agreement and the parent who spends the most time with the child. In many cases, the court will order a reduction in child support payments if a parent has lost their job or had an income decrease, although this is not guaranteed.

Should I Hire a Child Support Lawyer?

Entering into a child support agreement is one of the best things you can do for your child. Paying for your child’s healthcare, medical bills, and child care can add up, and both parents are obligated to provide for underage children. Our team of child support lawyers will help you craft a child support agreement that is fair to both parents and the child.
Feel free to reach out if you have questions about a child support order or need to enforce child support payments. Contact Sarieh Law Offices, ALC, today at 714-694-7723 to speak to our team of experienced attorneys.