San Diego Child Support Attorney
How is child support calculated?
The two main factors are income and timeshare. For income, the Court will look at the current gross monthly income of both parents. For timeshare, the Court will look at how much time each parent spends with the child. Other factors, such as deductions from pay (i.e. health insurance premiums, union dues, required retirement contributions), mortgage interest, property taxes and child support paid for a child from a different relationship, are also factored into the amount.
The Court looks at the current circumstances. Thus, if certain factors change in the future, the amount can be modified. For example, if you obtain more time with your child or your income changes, child support will likely change as well. However, most importantly, child support does not automatically change. If your income changes, you must file a Request for Order immediately. This will allow the Court to make the order retroactive to the date you filed the Request for Order. The Court cannot go back any further.
For an estimate of child support, click here.
How long does child support last?
The duty to support a minor child continues until the child completes the 12th grade or attains the age of 19 years, whichever comes first. The parents can agree amongst themselves to extend child support for a longer period of time.
How do I enforce a child support order?
A wage garnishment is the best way to collect court ordered child support. This allows the payment to be deducted from the payor’s earnings. A separate form is required by the Court which then gets processed by the State Disbursement Unit. Other enforcement methods are available but it depends on the employment and assets of the payor. Contact Boros Law Firm today to discuss your options.
Does child support automatically terminate if I lose my job?
No! This is a common misconception among support payors. If you lose your job or have a decrease in income, you should consider filing a motion to modify the support order immediately. The Court only has the ability to make the modified support retroactive to the date you filed your motion. Thus, if you have a change in income, consult with an attorney about whether other factors have changed and then file your motion to modify, if appropriate.
Can my spouse and I agree to waive child support forever?
No. The Court prohibits a complete waiver, but you can agree to set child support at $0 temporarily.
Who claims the children on taxes?
Typically, the parent who has the children the majority of the time gets to claim the children as a tax exemption and receive the corresponding deductions. If the other parent claims the minor children and is not the primary caregiver, contact the IRS and find out what information they need to refute the other parent’s claim.
Does the Court consider child support paid for another child?
Yes, court ordered child support for a child of a different relationship can be considered. However, it must be pursuant to a court order. If you are paying for the other child voluntarily, the court does not have to take that into consideration.
What if the other party refuses to work?
You can request that the Court impute income based on their ability to work. If you want to impute income above minimum wage, specific information regarding the other parent’s skills and available jobs are needed and must be presented to the Court. The Court may order the other parent to make job contacts and report their efforts to you as well.
