Los Angeles Child Support Lawyers

Reliable Child Support Solutions in Los Angeles

At the Law Offices of Korol & Velen, we represent men and women throughout the greater Los Angeles area in the negotiating of child support agreements during divorce proceedings, the modifying of prior child support orders, and the establishing of child support in paternity actions.

Our team of Los Angeles child support lawyers, including a Board-Certified Family Law Specialist, can handle your case from start to finish and make sure that no detail is overlooked. We believe these issues are simply too important to be handled in any other way.

Understanding Child Support Calculations in California

Child support is usually paid by the non-custodial parent to the custodial parent to contribute to the cost of the child’s upbringing. The custodial parent is the parent with whom the child resides the majority of the time. If the child resides an equal amount of time with each parent, the parent with the lower income may still be entitled to child support. Under California child support law, payment amount is determined under statewide guidelines.

This formula is based on:

• Gross incomes of the parents
• Amount of time the child spends with the non-custodial parent
• Cost of childcare including health insurance
• Living situations considering other children living with either parent

Whether you are the custodial or non-custodial parent, our Los Angeles child support attorneys offer helpful counsel to make certain that your child’s rights and interests are protected.

Child Support Calculator: https://childsupport.ca.gov/guideline-calculator/

Negotiating Child Support Agreements in California

One of the most amicable ways to create a child support agreement is through negotiation. While the topics of divorce and support aren't peace inducing, the emotional processes behind them would become easier if communication from both sides was respected. The children will also benefit from it both emotionally and psychologically. The main components of negotiation include amount, frequency, and duration of payments. If you are seeking the services of an attorney for child support, we can help move this negotiation process along.

Steps to Modify Child Support in California

In the case of child support modifications, there are several reasons why a child support order might need to be changed, including:

• A change in income or the loss of a job;
• One parent has been incarcerated;
• One parent had another child from another relationship;
• The child is spending more or less time with either parent;
• The child needs more (or less) costs for child care, health care, or education; and
• There have been changes in any of the factors that were used to calculate the original child support amount.

If you feel that your financial situation has changed significantly and that a child support modification is in order, our team of Los Angeles child support attorneys near you can pursue a new, agreeable solution for all concerned.

Enforcing Child Support Orders

When a parent fails to pay court-ordered child support, it can create financial stress for the custodial parent and negatively impact the child’s well-being. Fortunately, there are legal remedies available to enforce child support payments.

Steps to take if child support is not paid:

• Keep records of missed or partial payments.
• Communicate with the other parent (if possible) to understand the issue.
• File a formal complaint with the local child support agency.

Legal actions to enforce child support:

• Wage garnishment: The court can order an employer to deduct child support payments directly from the non-paying parent's paycheck.
• Bank levies: The government can seize funds from the parent's bank account.
• License suspensions: If payments are overdue, the parent’s driver’s license, business license, or professional license may be suspended.
• Tax refund interception: The state can withhold tax refunds to cover unpaid child support.
• Contempt of court: If the parent refuses to pay, they could face fines or even jail time.

Child Support and Custody Modifications

Changes in a parent's circumstances may require adjustments to child support or custody agreements. California law allows for modifications when there is a significant change in income, employment status, or custody arrangements.

How changes in custody affect child support:

• If a child spends more time with the non-custodial parent, child support payments may be reduced.
• If custody shifts significantly to one parent, they may need additional financial support.

The legal process for modifications:

• File a formal request with the court.
• Provide documentation of income changes, job loss, or increased expenses.
• Attend a hearing if both parents cannot agree on new terms.

Parental relocation and its impact on child support:

• If a parent moves far away, travel expenses may be factored into support calculations.
• A long-distance move may require revisiting custody and visitation arrangements.

Retroactive Child Support in California

In some cases, a parent may owe back child support, especially if paternity was established late or support orders were delayed.

When retroactive support applies:

• If child support was not initially ordered but should have been.
• If a parent failed to pay after an informal agreement.

Proving past financial obligations:

• Records of expenses such as medical bills, education costs, and daily child-rearing expenses.
• Documentation of the non-custodial parent's income during the time period in question.

Limitations on retroactive claims:

• California law typically limits back payments to the date the petition was filed.
• Courts may not order retroactive payments beyond three years in some cases.

If you need help enforcing or modifying child support, contact us today to discuss your options.

Frequently Asked Questions

Can child support be waived if both parents agree?

• No, child support is considered the right of the child, not the parents. Even if both parents agree to waive child support, the court must approve the arrangement and ensure it serves the child's best interests.

What happens if the paying parent loses their job?

• If a parent loses their job, they must request a modification of child support through the court. Until the order is officially changed, they are still responsible for making payments.

Does remarriage affect child support payments?

• Typically, remarriage does not directly impact child support. However, if the new spouse’s income significantly changes the financial situation of the paying or receiving parent, the court may consider it when determining modifications.

Can child support be used for expenses other than basic needs?

• Yes, child support can be used for various expenses, including housing, food, medical care, education, extracurricular activities, and even entertainment, as long as it benefits the child.

How long does child support last in California?

• Child support usually continues until the child turns 18 or graduates from high school (whichever comes later). In some cases, it may extend if the child has special needs.

Can I request a child support review if I think the payments are unfair?

• Yes, either parent can request a review if they believe the current order is outdated or unfair. A court may adjust payments based on changes in income, custody, or other financial circumstances.

Is child support required if parents share 50/50 custody?

• Not always. If both parents have similar incomes and equal custody time, child support may not be necessary. However, if there is a large income difference, the higher-earning parent may still be required to pay support.