Family Law Services
Services
Child Support
As experts in family law, we have years of experience answering questions and alleviating concerns of parents about the basics of child support in California. Our child support lawyers frequently provide information to families about the California child support system, which uses an income shares model to calculate a total child support obligation. In an income shares model, courts use both parents’ incomes to determine a total child support obligation based on existing support guidelines. The court then determines each parent’s percentage of the obligation based on his or her income.
The income shares model for child support focuses on the support obligations that both parents have to their child, while taking into account differences in income. We also know that family situations can vary, and we will work to ensure that the court takes into account any existing financial or child custody issues that may impact the needed amount of support. Under California law, both parents have an obligation to support their children. As our lawyers can explain in more detail, the child support obligation can extend until a child is 19 years old if that child is still a full-time high school student.
Responsibility for Childcare Expenses
We often work with parents who have questions about childcare expenses, and how California courts calculate child care expenses in relation to child support. In general, we can tell you that childcare expenses are typically the responsibility of both parents on a relatively equal scale, and that childcare expenses are considered in addition to child support. Medical expenses that are not covered by insurance will typically be divided equally between the parents. If you still have questions, reach out to our skilled family law attorneys right away.
How to Enforce Child Support Orders
Contempt of Court
The judge can issue fines and even send the parent to jail until the support payments are made. Holding a parent in contempt is usually reserved for situations where a parent is willfully disobeying the order of support.
Wage Garnishment
The court issues an order to the parent’s employer that requires the employer to set aside a certain portion of each paycheck and send it directly to the parent owed support. This applies to many different types of income, including wages, salaries, pension plans, veteran’s benefits, unemployment benefits, workers’ compensation, lottery winnings, and more.
Liens and Property Seizure
A parent that is owed child support can also petition the court to place liens on the real estate and personal property of the parent in arrears. Property with a lien requires that the lien be paid off first before the seller can profit from the sale and can last up to 20 years on property before it needs to be renewed. Child support enforcement can also occur through property seizure and sale by the sheriff’s office. With some exceptions, like the primary home and vehicle, real estate and personal property can be taken and sold in order to cover the amount of child support owed, and the proceeds are given directly to the parent who needs it.
Other Penalties
A delinquent parent may be refused when trying to renew or get issued a driver’s license. A current driver’s license may also be revoked if the payments fall too far behind. Credit agencies can also be informed, and that parent’s credit score can be negatively affected. The court can also order that a parent in arrears serve community service up to 240 hours for subsequent violations of a child support order.