Santa Barbara Child Support Lawyer

For parents, understanding their rights and obligations in child support matters can be difficult. When parents divorce or are unmarried the parent who does not live with their child is usually obligated to pay child support. Support is owed whether the child lives with their other parent or a third party, and whether or not the person with whom the child lives can afford to support the child on their own. Depending on the state, support may be owed even if the parents share custody.

Like other issues in regard to separation and divorce, child support may also be settled by written agreement or it may be determined in a court order. California, like other states, has adopted guidelines which establish rates of child support according to certain variable criteria related to family income and number of children.

Child Support Process and Guidelines

The child support process usually starts from either a divorce or paternity filing or through the California department of Child Support Services action. Regardless, the most important part is the income and expense declaration. If it is not complete, it could have serious impact on the child support request. Often, self represented parents do not properly complete the income and expense declaration. The most common mistakes include the failure to complete every section or leaving out the income verification documents. 

When it comes to support guidelines, it generally fall into one of three categories. Each uses a different approach to establish the amount of support, though they all consider the needs of the child. Provisions for medical costs and insurance are generally added to the basic amount suggested by the state guidelines.

The complex formula the court uses to determine child support factors in details such as time spent with the children, how much the parents make, and their deductions. To complete the calculation, it is necessary to know the following.

• Childcare costs either parent incurs
• Mandatory payroll deductions, including those for union dues, pensions, and health insurance
• Income tax deductions, such as mortgage interest, available to either parent
• How much time each parent spends with each child (percentage)
• The gross income of each parent

How is Child Support Calculated in Santa Barbara?

Child support is a court order for a certain amount of money divorced or separated parents must pay each month to help cover their children’s living expenses. In California, the child’s best interest is the court’s number one priority. That is why the calculation process to determine how much child support should be paid is very complex. To figure out the net disposable income, the court in Santa Barbara will first determine gross annual income, subtract certain deductions and divide that by 12 for the monthly amount.

The court will look at the following factors:

• How much money the parents earn or can earn
• How much other income the parent receives
• How many children these parents have together
• How much time each parent spends with the child/children
• The actual tax-filing status of each parent
• Support of children from other relationships
• Health insurance expenses
• Mandatory union dues
• Mandatory retirement contributions
• The cost of sharing day-care and uninsured health-care costs

Parents are obligated to support their child until a child turns 18 years old except when the 18 year old is still a full-time high school student and lives with the parent. In that situation, child support will terminate once the child turns 19 or graduates from high school, whichever comes first.

Keep in mind, in some cases, the court has the discretion to order a child support for a different amount that what was suggested based on the guideline. The court can make low-income adjustment by ordering a lower amount of child support if a parent’s net disposable income is less than $1,000. Also, the court has discretion to make any adjustments based on the best interest of the child like:

• If one parent has an extraordinarily high income
• The parent spend nearly equal time with the children and one parent uses a much higher or lower percentage of income on housing
• The children have special medical or other needs requiring greater amount of support

There are certain child-related expenses that courts can add such as the mandatory health care add on or the add on used for employment purposes or to attend training necessary for employment. The court can also add other expenses for education, travel or special needs and will usually be divided between the parents equally. The best thing you can do is contact an experienced Santa Barbara child support lawyer who can help with your case specifically.

Can Child Support Vary From the Calculated Amount?

When the child support guidelines were created in California, lawmakers took into consideration that the figure determined by the equation may not always be reasonable or fair. Because of this, the legislature developed a list of circumstances that may allow a judge to assign a figure that is lower or higher than that of the guideline formula. Such factors may include:

• Special needs, medical or otherwise, that may require additional monetary contributions
• Situations in which the parents each spend the same amount of time with the children, but one parent pays a significantly higher or lower portion of their income towards housing
• A parent who doesn’t contribute to the children’s needs in a way that matches their custodial time
• The paying parent earns an extremely high income, and the figure determined by the guideline would greatly exceed the children’s needs

There are additional reasons that allow a judge to add to the child support order determined by the guideline equation, such as:

• Discretionary add-ons. The court may add to a parent’s child support payment for things such as education-related expenses and travel costs for visitation.
• Mandatory add-ons. The court must add on to a parent’s child support payment for any reasonable children’s health care costs not covered by insurance and costs that are related to education and training necessary for employment.

A judge may require parents to share add-on expenses equally. However, they may impose an unequal allocation if they deem it necessary. A skilled family law attorney can help parents understand the many factors involved in determining child support payments.

How Long Does a Parent Have to Pay Child Support in California?

When parents go through a divorce and a child custody arrangement is determined, the state of California requires the non-custodial parent to pay child support as long as the children are under the age of eighteen. This timeframe may be extended to the children’s nineteenth birthday if they still live at home and haven’t graduated from high school.

There are also a few scenarios in which a parent may stop paying child support before the eighteenth birthday, including the following.

• The child passes away
• The child becomes emancipated
• The child joins the armed forces
• The child gets married

When a parent has questions about the timeframe or amount they will need to pay in child support, it is vital to discuss matters with an experienced Santa Barbara Child Support Lawyer.

Modification of Child Support Orders

Child support is a legal obligation for one parent to the child, however, there may be instances where one parent cannot or does not want to continue to pay the support. There are many reasons why a child support order might be in need of a change such as the parent’s income changing, one parent losing his or her job, one parent being incarcerated, one parent had another child in another relationship or things of that sort.

In order for the court to approve a change, you have to show that there has been a “change in circumstances” since the last child support order was made. It’s best to contact an experienced Santa Barbara family law lawyer who can help you specifically with your case.

If one parent simply chooses to not pay, the state of California does not take that lightly. It is extremely important that if anyone anticipates a change in circumstances, they notify the family court immediately so the child support can be modified and you won’t fall behind on the payments. Courts will not retroactively change the amount of support that was owed.

If parents can reach an agreement on a new amount of child support, they can write it up as a stipulation and give it to the judge for a signature. But if the parents cannot agree on the change, they must file a motion with the court.

Child support payments are automatically suspended when the parent who has to pay child support is in jail, prison or is institutionalized against his or her will for more than 90 days. Once the person is released from jail or the institution, child support payments start again at the amount they were before they were suspended.

If you need to change the amount because you are not working or cannot afford the same payments you were making before going to jail or being institutionalized, you have to ask the court to change your payment. Child support and the factors that go into it can get pretty tricky. It’s always best to consult with an experienced Santa Barbara child support lawyer.

Enforcement of Child Support Order

Child support may be enforced by the Court in a number of ways, including, wage withholding, garnishment, incarceration for contempt of court as well as other remedies. Where child support is agreed to in a separation agreement, or ordered by the court, and then not paid, there are a number of remedies to secure enforcement of the agreement or court order. If the child support is set up in a contractual agreement, the basic remedy is suit for breach of the contract, which would include a claim for the arrears. If child support is payable under a court order, whether originally established as a court order or entered as a result of a suit for breach of contract, the order is enforceable through the contempt powers of the court and penalties, including jail for non-compliance may be imposed.

California child support laws and procedures are very complicated and should not be handled without consulting an attorney first. Therefore it is imperative that you consult with an experienced family law attorney before making any decisions regarding your child support matters.

Contact Santa Barbara Child Support Lawyer

Child support should be taken very seriously and it is important to be proactive about securing you and your child’s financial future. It is an unfortunate truth, but a truth nonetheless – parents will say or do just about anything to increase or decrease the child support payments they receive or pay, and the advantage lies with the first mover. If you foresee any troubles in your marriage, or have been waiting to begin the process to receive child support payments that are rightfully yours, please contact our office today. Santa Barbara Child Support Lawyer at Drury Pullen Law is experienced in California family law and are ready to help you through this difficult time. Call (805) 879-7523 or Contact Us.