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In Child Support, Estate Planning

Special Needs Trusts & Child Support for Children with Disabilities in San Diego

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Safeguarding Your Child’s Future After Divorce

Parenting a child with disabilities brings immeasurable love—and significant responsibility. When divorce enters the picture, California parents face an added layer of complexity: ensuring that child support provides meaningful care without compromising eligibility for public benefits.

This legal tightrope is especially critical in San Diego, where families rely on programs like SSI, Medi-Cal, IHSS, and regional center services to help cover care and support. Many parents are shocked to discover that a traditional child support order—while well-intentioned—can disqualify their child from these life-sustaining benefits.

The solution lies in creating a court-approved Special Needs Trust (SNT) that works in tandem with your child support obligations. At Minella Law Group, we guide families through this exact process—ensuring your divorce plan protects your child’s long-term financial stability and legal rights.

Divorce, Disability, and Financial Protection in California

When a child has a significant disability, public programs often become a financial lifeline. These programs, however, have strict means-based eligibility requirements, meaning even modest increases in income or assets can render your child ineligible.

For example:

  • SSI (Supplemental Security Income) is reduced dollar-for-dollar based on income.

  • Medi-Cal imposes income and asset limits that can be unintentionally breached.

  • Regional center and IHSS services may be tied to SSI or Medi-Cal eligibility.

Now add child support: a regular monthly payment from one parent intended to help with daily needs. Seems helpful, right?

Not always. Direct child support payments count as unearned income in the eyes of the Social Security Administration (SSA). If those payments exceed a minimal threshold, they can immediately cut off eligibility for SSI—and, by extension, Medi-Cal and related services.

The Hidden Risk: When Child Support Undermines Public Benefits

Without legal planning, child support payments that are meant to help your child can inadvertently become a legal and financial hazard. Here’s how:

  • Direct child support payments (to the custodial parent or the child) are treated as income to the child under federal law.

  • If the child is over 18 and receiving SSI, those payments can reduce or eliminate monthly benefits.

  • Once SSI is lost, Medi-Cal coverage may disappear as well, leaving parents responsible for expensive medical care or therapies.

This legal loophole blindsides many families during divorce—especially those who are unaware of how support orders interact with disability law.

Fortunately, California law allows a solution: structuring the child support payment so that it goes directly into a Special Needs Trust.

Understanding the Role of a Special Needs Trust (SNT)

A Special Needs Trust (SNT) is a legally recognized tool that allows parents, relatives, or courts to set aside funds for a child with disabilities without jeopardizing that child’s eligibility for public benefits.

Key Characteristics of an SNT:

  • The trust is not owned by the child, and therefore does not count toward asset or income limits for SSI or Medi-Cal.

  • Funds can be used to supplement public benefits (not replace them), improving quality of life without triggering disqualification.

  • An appointed trustee—a parent, professional, or third party—manages distributions to ensure compliance with federal and state rules.

  • Courts can order child support payments to flow directly into the trust, protecting benefits while ensuring support is provided.

In divorce cases, this type of trust becomes the bridge between fulfilling child support obligations and preserving access to critical services.

How to Direct Child Support to a Special Needs Trust

California courts recognize the importance of preserving public benefits for children with disabilities. As a result, they allow and encourage the payment of child support directly into a court-approved SNT—but only if the correct procedures are followed.

Here’s how it works:

  1. Establish a First-Party SNT
    A first-party Special Needs Trust is created using the child’s assets or income—here, that means child support. The trust must:

    • Be irrevocable
    • Name the child as the sole beneficiary
    • Be established before the child turns 65
    • Include a Medi-Cal payback provision (required under federal law)
  2. Request Court Approval in the Divorce Judgment
    The divorce decree must:

    • State the obligation to pay child support
    • Specify that the support will be paid directly to the SNT
    • Be accompanied by judicial approval of the trust documents
  3. Set Up Trust Management and Oversight
    Appoint a trustee familiar with SNT compliance—this can be a family member, professional fiduciary, or corporate trustee. Their role is critical in ensuring proper spending and annual reporting.
  4. Notify Public Agencies
    Social Security, Medi-Cal, and regional centers must be notified of the trust and support order structure. Legal coordination ensures seamless benefit continuation.

At Minella Law Group, we draft compliant trust language, structure the child support order, and obtain court approval—all while guiding you through communication with relevant agencies.

Key Benefits of Using a Special Needs Trust in Divorce

The benefits of directing child support into a Special Needs Trust go far beyond legal compliance:

✅ Preserves Public Benefits

An SNT keeps your child eligible for SSI, Medi-Cal, and IHSS—programs that provide financial support, in-home care, therapies, and more.

✅ Covers Supplemental Expenses

The trust can pay for things public benefits don’t: therapy, equipment, camp, travel, technology, tutoring, and personal care items.

✅ Provides Oversight and Protection

A trustee ensures funds are used appropriately and in the child’s best interest, reducing the risk of financial exploitation or mismanagement.

✅ Creates Long-Term Security

An SNT can accept other contributions—gifts, inheritances, lawsuit settlements—making it a powerful estate planning tool beyond child support.

✅ Fulfills Legal Obligations

By routing child support to an SNT, you meet your financial responsibilities without harming your child’s benefit eligibility.

ABLE Accounts: A Supplementary Tool for Families

In addition to SNTs, California families may also consider an ABLE account (Achieving a Better Life Experience) as part of their planning.

What Is an ABLE Account?

An ABLE account is a tax-advantaged savings account for individuals with disabilities, established under federal law and available in California. It allows eligible individuals to save and spend money without losing SSI or Medi-Cal eligibility—up to certain limits.

Key Features:

  • The beneficiary can save up to $100,000 without affecting SSI
  • Contributions are made post-tax but grow tax-free
  • Funds can be used for qualified disability expenses, including housing, education, and health care
  • Anyone can contribute (including parents, relatives, or friends)

Comparing Special Needs Trusts vs. ABLE Accounts in Divorce

Both tools are powerful—but serve different functions:

Feature Special Needs Trust (SNT) ABLE Account
Max Contribution Unlimited $17,000/year (2025)
Benefit Impact Exempt from SSI/Medi-Cal limits Up to $100,000 exempt for SSI
Control Managed by trustee Controlled by beneficiary or representative
Can Receive Child Support? Yes Not ideal (may be treated as income)
Use in Divorce? Excellent for court-ordered support Supplementary tool only

📌 Conclusion: Use an SNT for court-ordered child support. Use an ABLE account as a supplemental savings tool for day-to-day independence.

Practical Steps for Divorcing Parents in San Diego

  1. Hire a Family Law Attorney Experienced in Disability Planning
    1. Not all divorce lawyers understand the complexities of disability-related child support. Work with one who does—like Minella Law Group.
  2. Establish a Court-Approved Special Needs Trust
    1. We will help draft, review, and obtain judicial approval for a compliant SNT to hold support funds.
  3. Incorporate the Trust into the Divorce Decree
    1. Your support order must reflect the new structure. We’ll draft exact language to satisfy court and agency requirements.
  4. Coordinate With SSA, Medi-Cal, and Other Agencies
    1. We handle communication to ensure benefits continue uninterrupted.
  5. Educate Family and Caregivers
    1. Anyone who may wish to gift or assist your child financially needs to understand that direct transfers could cause harm. All assistance should go through the trust.

Why Local Legal Experience Matters in San Diego

Disability and family law are state-specific—but implementation is local. In San Diego County, judges, regional centers, and Medi-Cal eligibility offices each have unique practices and expectations.

Our team at Minella Law Group:

  • Understands how local judges handle support orders involving disabled children

  • Knows how to work with San Diego County Health and Human Services

  • Maintains relationships with regional centers and probate court administrators

  • Has crafted SNT and child support structures for a wide range of families—from autism spectrum to complex medical needs

Having local counsel who speaks the language of both family law and disability law can make the difference between benefit protection and benefit loss.

The Bottom Line: Avoiding Pitfalls with Child Support and Disability

A standard child support order may unintentionally hurt the child it’s meant to protect. Without careful planning, your child could lose access to SSI, Medi-Cal, or IHSS—placing the burden of care and medical expenses back on your family.

With proper legal strategy—including a court-approved Special Needs Trust—you can protect your child’s public benefits while fulfilling your support obligations.

Protect Your Child’s Benefits and Financial Security

Divorcing with a disabled child means making hard decisions. Don’t make the mistake of overlooking how child support interacts with public benefits.

At Minella Law Group, we help San Diego families:

  • Draft and obtain court approval for Special Needs Trusts
  • Structure child support payments to preserve benefits
  • Coordinate with SSA and Medi-Cal
  • Advise on ABLE account use
  • Secure your child’s future with legal clarity and care

📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.

📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.

 

 

In Child Support

Navigating 2025 California Child Support Laws

In the intricate tapestry of family law, few matters carry as much significance as child support. It is a legal obligation that transcends financial transactions, intertwining the lives of parents and the well-being of their children.

In 2025, the landscape of child support undergoes profound transformations, shaped by legislative amendments that prioritize fairness, transparency, and the dynamic needs of modern families.

 

Understanding Child Support

Child support is a legal obligation that ensures both parents contribute financially to the well-being of their children, even if they are not living together. The primary purpose of child support is to provide for the child’s basic needs, including food, shelter, clothing, education, and healthcare. It is a fundamental aspect of family law designed to safeguard the best interests of the child and promote financial stability within separated or divorced families.

Child support is not merely a legal obligation; it is a commitment to the future of our children. The intricacies of these obligations have been further refined through critical revisions to California’s Child Support Guidelines in 2024. This guide aims to unravel the intricacies of these changes, empowering both custodial and non-custodial parents with the knowledge to navigate the evolving system effectively.

 

What Needs to be Disclosed to Calculate Child Support

Calculating child support involves a detailed examination of both parents’ financial situations to determine a fair and equitable contribution. Various factors are taken into account, and disclosure of specific information is crucial for an accurate assessment. Key elements that need to be disclosed include:

Income: Both parents are required to disclose their income, encompassing wages, bonuses, investments, and any other sources of financial gain. Net disposable income, after mandatory deductions such as taxes and health insurance premiums, is typically considered for a more accurate reflection of available resources.

Employment Information: Details about employment, including job stability and any changes in employment status, are essential. This information helps in understanding the reliability of income sources.

Assets and Liabilities: A comprehensive overview of assets, such as real estate, vehicles, and financial accounts, is necessary. Additionally, any outstanding debts or liabilities may impact the overall financial picture.

Living Expenses: Understanding the living expenses of both parents is vital. This includes rent or mortgage payments, utilities, and other regular expenditures that may affect the ability to contribute to child support.

Custody Arrangements: The custody arrangement plays a significant role in determining child support. The amount of time each parent spends with the child can impact the financial obligations.

Special Needs and Extraordinary Expenses: If a child has special needs or requires additional financial support for extracurricular activities, education, or healthcare, these factors should be disclosed for a more accurate calculation.

Full and honest disclosure is crucial in ensuring that child support orders are fair and representative of the parents’ financial capacities. Failure to provide accurate information can lead to legal consequences and may undermine the well-being of the child.

 

Processes for Obtaining Child Support

Obtaining child support typically involves several steps within the legal system. While the specifics may vary by jurisdiction, the general process includes:

Filing a Petition:

The custodial parent initiates the process by filing a petition for child support with the family court or the California Department of Child Support Services (DCSS). This document outlines the details of the case, including information about the child, the custodial and non-custodial parents, and the requested child support amount.

Service of Process:

The non-custodial parent is officially notified of the child support proceedings through a legal process known as “service of process.” This ensures that the non-custodial parent is aware of the legal action and has an opportunity to respond.

Response and Financial Disclosure:

The non-custodial parent is given an opportunity to respond to the petition, providing their financial information and addressing any concerns. Both parents may be required to complete financial affidavits or disclose relevant documentation.

Mediation or Court Hearings:

In some cases, parents may be encouraged to participate in mediation to reach an agreement on child support terms. If an agreement is not reached, the case may proceed to a court hearing, where a judge will consider the evidence and make a determination on child support.

Child Support Order:

If an agreement is reached or the court makes a decision, a child support order is issued. This order specifies the amount of child support to be paid, the schedule for payments, and any other relevant terms.

Enforcement:

If the non-custodial parent fails to comply with the child support order, enforcement measures may be taken. These can include wage garnishment, property liens, suspension of licenses, and other legal actions to ensure compliance.

It’s important for both parents to engage in the process with transparency and a focus on the best interests of the child. Seeking legal advice and assistance, particularly from family law attorneys, can help navigate the complexities of child support proceedings and ensure a fair resolution.

 

2025 Adjusted Income Guidelines

California’s Child Support Guidelines are undergoing crucial revisions to create a fairer system for calculating child support payments. These adjustments are significant and can impact the amount of support you’re either entitled to receive or obligated to pay.

The revised guidelines take a more nuanced approach to income calculation, considering both parties’ net disposable incomes. This involves calculating actual take-home pay after mandatory deductions. The updated income brackets include widening ranges to account for the high cost of living in various areas of California. Distinctions are made between different regions within the state, recognizing economic diversity.

Additionally, calculations now consider multiple children and the financial needs specific to each child’s age.

These adjustments aim to provide a more equitable system where child support payments align more closely with each parent’s financial capacity and the realistic needs of the children involved. It’s crucial to stay informed about these changes, as they reflect a commitment to creating a system that adapts to the dynamic nature of family structures.

 

2024 Revised Enforcement Measures

In 2024, California’s child support system undergoes not only recalibrations in the calculation of payments but also a robust enhancement of enforcement measures. The aim is to ensure that child support obligations are met promptly and fully, fostering an environment of accountability and responsibility.

Electronic Income Withholding Orders (E-IWOs)

A pivotal shift in the enforcement landscape comes with the increased prevalence of Electronic Income Withholding Orders (E-IWOs).

These orders streamline the withholding process, making it more efficient for employers to redirect owed funds directly from a parent’s paycheck to the child support agency. The move towards automation serves to reduce errors and accelerates the transfer of payments, ensuring that children receive the necessary support without unnecessary delays.

Integrated Database for Tracking Payments

To enhance transparency and tracking capabilities, a new integrated database is introduced. This database is designed to closely monitor payment patterns, providing real-time tracking of child support transactions. Any missed or late payments trigger prompt enforcement actions.

This advanced tracking system not only minimizes the incidence of payment lags but also ensures a more proactive approach to enforcement.

Swift Intervention by Law Enforcement Agencies

The revised enforcement measures empower law enforcement agencies to intervene more quickly in cases of non-compliance. Immediate income withholding for all new and modified child support orders ensures a swift response to ensure that child support obligations are met.

This proactive approach is aimed at minimizing delays and ensuring that children receive the support they are entitled to without undue hardship.

Advanced Tracking Systems Triggering Enforcement Actions

Advanced tracking systems are implemented to closely monitor payment patterns and automatically trigger enforcement actions. If a parent consistently falls behind on payments or fails to meet their child support duties, these systems enable quicker responses. The goal is to address non-compliance promptly and take appropriate measures to ensure that financial support is provided for the well-being of the child.

Additional Powers Granted to the California Department of Child Support Services

The California Department of Child Support Services is granted additional powers to enforce compliance. This includes the authority to place liens on property and bank accounts to collect overdue child support. In practical terms, this means that if a parent falls behind on payments, the state can take legal action by making a claim against their assets until the debt is settled. This added enforcement measure serves as a significant deterrent against non-compliance.

Consequences for Persistent Non-Compliance

Persistent non-compliance with child support obligations can lead to more severe consequences.

The revised enforcement measures include the possibility of license suspension or being barred from certain government benefits for parents who consistently neglect their child support duties. These consequences emphasize the seriousness with which non-payment issues are treated under the updated laws.

A Balancing Act

While the focus remains on creating a supportive environment for both parents and children, the revised enforcement measures strike a balance by taking non-payment issues more seriously than ever before. By minimizing the exploitation of loopholes and upholding the rights of children to financial support, these measures aim to reinforce the idea that supporting one’s child is not just a legal obligation but a moral and societal responsibility. The changes are designed to foster compliance, accountability, and, ultimately, the best interests of the child.

Impact on Custodial Parents

The 2024 changes have significant implications for custodial parents, affecting how support payments are received. With the introduction of E-IWOs, income withholding becomes automated, resulting in more punctual payments. The integrated database monitors payment patterns in real-time, offering increased transparency and triggering enforcement actions promptly

The intended benefits for custodial parents include improved payment regularity, reduced administrative burden, enhanced enforcement support, and less personal involvement in collection efforts. These changes aim to alleviate financial challenges and ensure the child’s welfare remains a top priority.

Impact on Non-Custodial Parents

Non-custodial parents will experience a shift in how child support payments are processed and enforced. The introduction of E-IWOs streamlines the withholding process, ensuring prompt and consistent payments. The new integrated payment database accurately tracks financial contributions, reducing the chance of disputes over payment histories.

Non-compliant payers should be mindful of stringent enforcement actions, including garnishment of wages, property seizure, license suspension, and possible jail time. Proactive engagement with the California Department of Child Support Services is crucial to avoiding these measures, especially in cases of financial hardship

 

Changes in Child Support Add-Ons Allocation: A Closer Look

In the ever-evolving landscape of family law, one of the significant amendments to child support statutes pertains to the allocation of add-ons. Beyond the basic support provided for the child’s day-to-day needs, child support add-ons play a crucial role in addressing specific, often unavoidable, additional expenses that contribute to a child’s overall welfare. These add-ons go beyond the standard child support amount and are designed to cover essential elements that may not be included in the basic calculation.

  1. Uninsured Medical Expenses:

One significant category of child support add-ons involves uninsured medical expenses. These include healthcare costs that are not covered by insurance, such as co-pays, deductibles, and medical treatments that may fall outside the scope of regular insurance coverage. Children often require medical attention beyond routine check-ups, and these add-ons ensure that both parents contribute to covering these unforeseen or non-insured medical expenses.

  1. Childcare Costs:

Childcare is another crucial aspect addressed by child support add-ons. The costs associated with childcare, including daycare expenses or costs related to babysitters or after-school programs, are considered add-ons. Recognizing that parents may need assistance in covering the expenses associated with ensuring the child’s care and supervision, these add-ons aim to distribute the financial responsibility fairly between both parents.

  1. Educational Expenses:

Educational expenses, such as school fees, extracurricular activities, and tutoring, are also covered by child support add-ons. Education plays a vital role in a child’s development, and these expenses are considered essential for their growth and enrichment. The allocation of funds for educational purposes ensures that both parents contribute to providing a well-rounded learning experience for the child.

  1. Special Needs:

Children with special needs may incur additional expenses related to their unique requirements. Child support add-ons take into account the extra costs associated with medical care, therapy, adaptive equipment, or any other necessities specific to the child’s condition. These add-ons acknowledge the diverse needs of children and aim to provide adequate financial support to meet those needs.

  1. Extracurricular Activities:

Participation in extracurricular activities, such as sports, arts, or other enrichment programs, is encouraged for a child’s overall development. Child support add-ons may cover the costs associated with these activities, ensuring that both parents contribute to providing opportunities that go beyond the basic necessities and contribute to a child’s personal and social growth.

 

Current Law and Customary Practice:

Under the previous legal framework, the customary practice for allocating add-ons, such as uncovered medical expenses and childcare costs, leaned towards an equal division of 50% between both parties. While this approach provided a standardized method, an alternative option existed, allowing the allocation to be based on the parties’ relative net incomes.

New Law:

In September 1, 2024, a transformative change will be implemented through Family Code Section 4061(a), reshaping the approach to child support add-ons allocation. The new law states that these add-ons shall now be apportioned according to the parties’ relative net incomes, unless a specific request for an alternative allocation is made or the court determines a different division. 

This means it can be 90/10, 80/20, or whatever the breakdown is. The point is that for the first time we have an option to deviate from 50/50.  

Breaking down the process further, Section 4061(b) delineates the steps involved in computing child support and addressing any spousal support. Firstly, child support is calculated, and any spousal support ordered is subtracted from the payor’s gross income and added to the payee’s gross income. Following this, any child support ordered is subtracted from the payor’s net income but not added to the payee’s income.

Implications of the New Allocation Approach

This shift in allocation methodology holds profound implications for parents navigating child support proceedings.

By tying the allocation of add-ons to the parties’ relative net incomes, the new law aims to create a more equitable distribution that reflects the financial capacity of each parent accurately. This move recognizes the diverse economic circumstances of parents and ensures that the financial responsibilities associated with add-ons are proportionate to their individual abilities to contribute.

Navigating the Changes

As parents adapt to these changes, it becomes imperative to stay informed about the nuances of the new allocation approach. Understanding the intricacies of computing child support, considering spousal support, and recognizing the implications on net incomes are crucial steps in navigating the evolving landscape of child support laws.

 

Managing Child Support Under the 2024 Changes

Navigating the complexities of child support under these changes requires attention to detail and proactive engagement. Familiarize yourself with E-IWOs, leverage the integrated payment database, and stay proactive to avoid enforcement actions. Communication with the California Department of Child Support Services is vital to staying in good standing and ensuring timely support for your children’s education, healthcare, and general welfare.

Adapting quickly to the updated California child support laws in 2025 contributes positively to your child’s well-being and future. Embrace the new systems, stay informed, and fulfill your responsibilities to provide the best for your children.

 

For more information or to schedule an appointment, call us at (619) 289-7948. We look forward to helping you.

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.