Irvine Child Support Lawyer

Irvine Child Support Attorney

Child support matters are often stressful and emotional. In addition to providing for your child’s needs, you also have to balance your own financial obligations and obligations to others. Child support is important, and at Engels-Janzen, our Irvine child support lawyers can help. We pay attention to your goals and concerns, discuss your legal options, and guide you through the process.

We also work with you to develop practical solutions to complex legal problems. If you are involved in a child support matter, whether it be establishing support for the first time, modifying an existing order, or enforcing a support order, our Irvine child support lawyers can protect your child’s best interests while making sure your rights and responsibilities are properly represented.

Hire a Child Support Lawyer

With years of experience in family law and the Orange County Superior Court, Central Justice Center, Engels-Janzen provides trusted guidance in child support matters throughout Irvine and Orange County. Attorney Christopher Engels is a California Certified Family Law Specialist and has been recognized as a Rising Star by Super Lawyers.

Our firm is dedicated to delivering reliable legal representation, combining professional knowledge with personal insight. Clients who hire a child support lawyer can feel confident knowing they are supported by a skilled team focused on achieving fair outcomes.

Establishing Child Support in California

In California, child support is based on statewide “guideline child support.” This is a mathematical formula that starts with each parent’s income, the time spent with the child, and other factors such as health insurance premiums, childcare costs, and other mandatory deductions. The court also examines tax filing status, union dues, and extraordinary medical or education expenses.

Although calculating child support is a mathematical exercise, parents often disagree about what constitutes “gross” income or how to value bonuses and commissions. Supporting documentation, such as pay stubs, tax returns, and childcare receipts, can be provided by parents to ensure accuracy.

California established child support orders in 90.7% of all open cases in FY 2022 (a 2.3% decrease from FY 2021), indicating a continued enforcement gap. Understanding how the formula works can help you reach a fair and enforceable child support order.

Modifying or Enforcing Child Support Orders

Child support orders can be changed if a “material change in circumstances” has occurred. This might be due to a parent losing their job or getting a significant raise, a change in custody arrangement, or new medical expenses for the child. Parents must file a motion with the court and provide updated financial information to request a modification. When child support payments are missed or withheld, enforcement actions may be necessary.

California can garnish wages, place liens on property, suspend driver’s licenses, and intercept tax refunds to collect past due support. The court may also charge interest on past-due support. Understanding your rights and responsibilities during modification and enforcement proceedings is key to providing financial stability for your child’s upbringing.

Protecting Your Child’s Best Interests

The legal standard in California requires child support orders to meet reasonable needs for food, shelter, clothing, education, and medical care for children. Judges can use their discretion to determine what they believe benefits the child most while maintaining adherence to the guideline formula. Exceptions to the formula can be made when it would be unfair or when both parents have agreed to the terms, and it would adequately provide for the child’s needs.

Special circumstances, such as high incomes or unique medical or educational needs for the child, can justify exceptions to standard guidelines. Parents in these situations should be prepared to provide evidence of the child’s needs and how the requested support will satisfy those needs. At its core, child support is meant to ensure that children can have a stable and consistent quality of life, even during transitions.

FAQs

How Is Child Support Calculated in California?

California has a statewide guideline formula based on each parent’s income, the time-share with the child, and certain mandatory expenses such as health insurance, child care, and union dues. The court will also consider tax filing status and extraordinary medical and educational needs.

Although the guideline is a mathematical formula, the issues tend to be around what income is considered available for support, such as income for self-employed parents, commissions, and bonuses, so careful documentation is important.

Can Child Support Orders Be Changed?

Yes, a child support order can be modified if there has been a substantial change of circumstances since it was made, including if a parent has lost a job, received a raise, changed custody, or if there are new or additional medical expenses.

A parent would need to file a formal motion or request with the court and submit updated financial information. The court evaluates whether there needs to be an adjustment to the guideline amount.

What Happens if Child Support Is Not Paid?

California provides several mechanisms to enforce child support orders if a parent does not pay as required. These may include income withholding orders, driver’s license suspension, tax refund interception, property liens, and interest on arrears. The Department of Child Support Services may also assist in collecting past-due support. Nonpayment of child support can lead to significant financial and legal consequences.

What Do Current California Child Support Metrics Reveal?

California had around 49,848 new support orders established in the federal fiscal year 2023, but this is only about 24.6% of the cases where an order was needed during that time. In other words, four times as many cases are started as have their orders established in a year. The initial process of filing is straightforward, but the real challenge becomes obtaining a legally binding support order.

Contact an Irvine Child Support Lawyer

Child support issues can be stressful, but the right legal advocate can make all the difference for you and your family. The Irvine child support lawyers at Engels-Janzen have the experience and compassion to guide you through California’s confusing system with confidence.

We are experienced at establishing, modifying, and enforcing orders and are dedicated to looking out for your child’s best interests while being fair to all involved. Contact Engels-Janzen today for representation you can trust.