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In Child Support, Family Law Blog

Is it Time to Modify Your Child Support? When Circumstances Change After Your San Diego Divorce

image to represent a question being asked

Did you know based on recent data that the cost of raising a child in California has rose significantly over the past 10 years

  • Information gathered from sources like SmartAsset, California is among the most expensive states to raise a child.
  • Specifically, those sources indicate that the annual cost of raising a child in California is roughly around $29,468.
    • Thats more than $500,000 over the course of 18 years   
  • This number includes expenses like:
    • Childcare
    • Housing
    • Food
    • Healthcare
    • Education
    • Transportation.

Raising children is expensive and always a challenge even in the best of circumstances, but for divorced parents, child support can create additional concerns.

For example, what happens when a parent’s income grows, or if a parent loses a job?  Continue Reading

In Child Support, Family Law Blog

Why a Child Support Order is Necessary in San Diego

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Understanding the Importance of Arranging Child Support in San Diego

Child support refers to a parent’s financial support of a child’s everyday living costs, including the consideration of necessities such as clothes, food, and a secure home environment. Although child support is not the only way a parent can contribute to the development of their child, it is particularly important for many reasons.

Although you may be in an uncomfortable situation with the other parent responsible for the child at this time and feel as though you cannot discuss the issue of child support, it is important to recognize that child support can make a real difference to children, not only providing them with the clothing, food, and essentials they need, but also providing a steady foundation for both parents to remain intimately involved within their child’s life.

How to Properly Arrange Child Support in San Diego

Whatever route you take when it comes to caring for and supporting your child through the complicated process of a divorce or separation, it is important to remember the child support that you put in place will help to give them the very best start in life, as well as keeping them secure throughout the journey to adulthood. Child support payments are a legal responsibility, and most of the time, a large majority of separated parents quickly come to an agreement about the costs required to care for their children.

However, making arrangements after a separation can be troublesome, and you may find that you need help from an experienced  family law attorney when it comes to working out the fine details. This is certainly the case if you do not trust your ex and if there are communication problems between the two of you.  Since child support is based on the amount of time you spent with your child and the amount of income made, if there is a lack of trust it can make the process more complicated.  You want to make sure that each person is properly reporting all sources of income, this may involve issuing discovery to look into the finances of each person.

A large percentage of families decide to construct an arrangement between themselves, agreeing formally with the other parent about the type, and how much child support that one will provide to the other. In legal terms, an agreement such as this is called a child support stipulation, however if you find that you cannot agree or that there is excess difficulty coming to terms, there are other ways to arrange child support.

The Options for Arranging Child Support in San Diego

One option for parents unable to come to an agreement about child support arrangements is by seeking the assistance of Department of Child Support  Services or DCSS. DCSS is a service the government runs to arrange support on your behalf, however they will only assist the custodial parent who is the payee or the receiver of support. DCSS will analyze the figures and make a decision on how much the paying parent (non-custodial parent) should pay to the receiving parent (custodial-parent ). This amount is calculated using a standard formula which allows the service to work out an enforceable amount then collect payments from the paying parent to be passed onto the receiving parent.  It is always helpful to have DCSS involved with the enforcement issues because they can monitor whether payments are received or not and also apply interest to any arrears.

The other option would be to hire an experienced family law attorney to assist you with calculating support.  An attorney will be able to examine all the factors used to calculate guideline child support and make sure that all income is factored in properly.  There are different types of income and they will need to be applied differently. For example, if one party is in the military and receives BAH, this is a non taxable income that needs to be calculated as non taxable.   An experienced family law attorney can assist you with this calculation and analysis of income.

Do I Need An Order, Can’t I Just Come to a Verbal Agreement?

If you and your partner are co-parenting and have an agreement between you for child support, you must get it made into an order of the court!  If there is no child support order, there is no obligation.  If a payment is missed, there is no one to enforce this payment unless it has been made into an order of the court.  If there is no obligation than there is no need to pay.  It is important to protect your child and yourself by having any agreements memorialized into a court order.  An experienced family law attorney can assist you with preparing a stipulation to send to court.

 Minella Law Group Can Help!

 Whether you need to obtain a child support order, have an existing order modified, or enforce an order, it is best to speak with an experienced San Diego family law attorney at Minella Law Group. Your attorney will work to make sure that the court considers all factors that are in your favor when making its decision.

Please call (619) 289-7948 to schedule a consultation.

In Child Support

How Can I Impute Income To The Other Parent?

income

Under California law, both parents are equally responsible for the financial support of their children. When computing how much child support is owed or received, the court considers each parent’s income to be a key factor.

Some parents choose to deliberately reduce their income to avoid the responsibility of paying support, or to increase the amount of support the other parent is ordered to pay.

Unfortunately, the children become the victims of this behavior. The court is invested in doing what is in the best interests of a child, so often it will attribute – or impute – income to one or both parents before ordering support.

Imputed Income Defined

If the court imputes income to one or both parents it is, in effect, saying that is the amount the parent could be earning. The court then bases its award of child support on that income, not what the parent claims to be earning. Judges do this to make sure children are receiving an amount that ensures their needs are met – and to prevent a parent avoiding child support altogether.

For example, if a parent up until the divorce has been earning $75,000 per year and then suddenly claims they’re earning minimum wage, the court will ask for information to determine if the decrease was due to a parent trying to minimize his or her child support obligation.

When Courts Impute Income

If the court finds that the parent ordered to pay child support voluntarily quit work or deliberately lowered their income, the court may decide to ignore that change and use the most recent amount ($75,000 in our example) they were earning. The order for child support would then be based on that figure. California family courts look at three main factors when determining if income imputation is called for:

  • The ability of the unemployed or underemployed parent to earn income.
  • The opportunity for the unemployed or underemployed parent to earn income.
  • The willingness of the unemployed or underemployed parent to earn income.

If the court finds the parent has a legitimate case of job loss or pay reduction, it will not necessarily or immediately impute income to him or her.

How Do Courts Arrive at an Imputed Income Amount?

Courts look to a parent’s “earning capacity” when deciding how much income to impute:

  • Willingness to work is decided by looking at whether the parent is looking for a job, sending out his or her resume, or going for job interviews.
  • Opportunity to work looks at what, if any, appropriate jobs are available in the area.
  • Ability is usually determined by looking at a parent’s educational level, works skills, and employment history.

As evidence of a parent’s ability and opportunity to work, the court will look at various evidence.For example, it may use a vocational expert’s report or testimony and/or the most recent salary the parent was earning. If the court cannot arrive at an amount using these methods, it may impute minimum wage.

If you’re divorcing and believe your spouse should be imputed income for the purposes of child support, you may want to consult with an experienced and qualified California family law attorney to help you better understand your options.

 ••Minella Law Group Can Help••

If you need assistance with your case, the qualified staff at Minella Law Group can assist you.  For more information or to schedule an appointment, call us at (619) 289-7948. We look forward to helping you.

In Child Support

Can California Child Support Be Changed Without Going to Court?

In California, a change in child support must be approved by the court but it is possible to modify your child support order without stepping foot inside a court room. Parents may come to an agreement outside the courtroom, but they will still need to file a stipulation or request a change to the original order by filing a motion for modification with the court.

Child Support in California

Parents in California have a legal obligation to financially support their children, typically through the age of maturity (age 18). Sometimes a situation arises where the parent ordered to pay support cannot or does not want to continue paying. Some parents simply stop making the payments altogether. 

California law does not look kindly on parents who fail to make their child support payments or who take it upon themselves to make a change in those payments without approval of the court or the person receiving support. If a change is required in child support due to a life event or situation, the law requires the paying parent follow proper legal procedures. If you do not have your order changed properly, this could mean financial ramifications for you down the road including losing your drivers license or passport.

Reasons for a Child Support Modification

California courts recognize there are many reasons why a child support order might need to be changed. The basis for modification is often referred to as a “change in circumstances.”

  • One or both parents has had a change in income.
  • A parent has lost their job.
  • One parent has been incarcerated.
  • There is now another child from another relationship.
  • How much time the child spends with each parent has changed significantly.
  • Costs for the child’s current healthcare, education, and/or childcare have increased.

The court will also consider a modification when any of the factors used to calculate child support have changed.

It’s crucial that anyone who anticipates or has a change in circumstances let the original family court know immediately that they need the child support order modified. If you’re the parent unable to make payments, ignoring the situation can have serious, negative legal consequences.

How to Get a Child Support Order Modified

You have several options for starting the modification process: contact a local child support agency, hire a family law attorney, or use the services of a family court law facilitator. No matter who you choose to ask for assistance, you’ll need the following information when requesting a modification

  • Current income and expenses.
  • Proof of childcare expenses.
  • Medical insurance.
  • Unemployment benefits.
  • Retirement income.
  • Disability information such as SSI, SDI, and SSA.
  • Jail or prison status, if applicable.
  • Current and proposed custody and visitation arrangements.

California courts generally believe a modification is in order when the change is either 20% or $50, whichever is less. Keep in mind that if the request is approved, the court will not apply the change to outstanding back payments. The new amount applies only to future support payments unless you agree otherwise.

If you and the other parent can amicably agree on the changed amount, you can sign an agreement or stipulation and submit it to the court for approval. If you cannot come to an agreement, the court will set a hearing date at which time the judge will review the request and, if she or he agrees with the changes, issue a new order.

Child support is ordered to ensure that children are taken care of after their parents no longer live together. There are many valid reasons for seeking a change in child support including the loss of a job, serious injury, or a change household income. It can be a complicated process, especially when the parents do not agree. A great way to start, even if you have reached an agreement, is to speak with an experienced family law attorney who can guide you through the process.

•• Minella Law Group can Help ••

If you are facing a custody case and are requesting sole child custody of your child, it is important to have an experienced attorney by your side.  Minella Law Group is experienced in child custody cases and can give you immediate hands on representation that you need.

For more information or to schedule a no cost consultation, call us at (619) 289-2748.  We look forward to helping you.

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