San Diego Child Support Lawyer
Serving Parents in 4S Ranch, Del Sur, Rancho Bernardo, Carmel Mountain, San Marcos, Carlsbad, Escondido, & Throughout San Diego County
Child support is an obligation that is owed to children by their parents. It is considered a child’s right regardless of whether the parents are married, separated, divorced, or were never married. California provides state guidelines for the calculation of this support; these guidelines take into consideration many factors, including parental income, custody agreements, health insurance coverage, and more. California judges are required to follow the guidelines in determining this issue. However, in specific situations, deviations from the amount mechanically calculated through the guidelines may be allowed to ensure that payments are fair and just for both parents and children.
At The Law Offices of Nadine M. Sayegh, our attorney can provide you with an explanation of the current considerations by the court in calculating an appropriate support payment. In addition, we can assist you in modifying a current support agreement should your financial circumstances or your child’s needs change. Our goal is to help you get a fair result.
Child Support in California
Child support is designed to help cover the expenses of childcare when parents have separated or divorced or in cases where the paternity of an unmarried father has been established through the courts. It is generally paid by the parent who spends the least amount of time with the child to the parent who is considered to be the “custodial” parent. It typically lasts until the child turns 18 or completes high school.
As mentioned above, it is determined by a mathematical formula based on certain factors. An application of the formula is generally deemed to be appropriate. However, it can be complicated by several issues, and, in certain circumstances, the amount calculated may be inappropriate. Such circumstances could include different time-sharing schedules for two or more children between the parents, where a child has special medical or educational needs, or where a parent’s percentage of housing income is substantially disparate from the other parent’s. In these cases, the court can raise or lower the amount as needed to ensure that it is fair.
In any child support matter, the overriding consideration applied is that it must meet the child’s needs for housing, clothing, food, medical care, educational support, and the like.
The formula for determining this support takes into account the following:
- Parental net income after allowed deductions have been applied
- How many children are being supported
- Whether children from other relationships are being supported
- Health insurance costs
- Tax considerations
- Any mandatory expenses or contributions parents must make
- Any other applicable expenses
Once a child support amount has been determined and ordered by the court, it is legally binding. A parent who lapses in ordered payments may face enforcement and/or civil legal action. These orders can also be modified later should circumstances substantially change for a parent or a child. Modifications must be done through the courts to be valid and enforceable.
Discuss your case with our San Diego child support attorney in a confidential consultation by contacting us online or calling The Law Offices of Nadine M. Sayegh at (858) 834-1499.
“Nadine was extremely thorough and efficient throughout my case. In addition, she kept me informed the whole time.”
Call us today at 858-834-1499 or fill out our form to schedule a consultation with our experienced, caring and compassionate legal team.