Let a Irvine Child Support Lawyer Resolve Your Concerns

When going through a divorce or separation with children in California, addressing child support is a necessary part of the process. Parents have a legal obligation to provide for their minor children’s financial needs and establishing child support during the divorce or separation process ensures that each parent has a clear understanding of his or her financial responsibility. California’s Child Support Guidelines establish the presumptive requirements for parents in Orange County and, while this will be all that some parents can afford to pay, there are various circumstances under which divorcing and separating parents may agree to pay more, or the court may order less. There are other related considerations to address as well and working with an Irvine child support lawyer will allow you to make informed decisions about each of the issues involved.

Understanding Parents’ Child Support Obligations in Orange County

California’s Child Support Guidelines (the “Guidelines”) are designed to ensure that parents continue to provide financial support for their children post-separation or post-divorce consistent with their ability to pay. The Guidelines factor in the parents’ income from all sources, their respective custody rights, and certain deductible expenses to arrive at a fixed monthly payment that must be paid until each child reaches the age of majority. Traditionally, the non-custodial parent has paid child support to the custodial parent; and, although this still occurs in many cases, non-traditional parenting time arrangements may call for a different outcome.

The Guidelines factor in income from all sources, with only very limited exceptions. In fact, as discussed below, income can even be imputed to divorcing and separating parents in some cases. Sources of income that are considered in determining parents’ child support obligations in Orange County include:

• Wages, salary and commissions
• Tips
• Bonuses
• Pensions and annuities
• Business and self-employment income
• Interest, dividends and other investment income
• Unemployment and workers’ compensation benefits
• Social Security benefits
• Other income “from whatever source derived” (excluding child support payments from a prior relationship and needs-based public assistance)

Expenses that are deducted from parents’ gross income in order to determine their ability to pay child support include:

• State and federal taxes
• Federal Insurance Contributions Act (FICA) withholdings and contributions
• Mandatory retirement contributions
• Union dues
• Certain other job-related expenses
• Health insurance premiums
• Any child and spousal support obligations from prior relationships

Common Issues Related to Establishing Child Support in Orange County

While calculating a monthly payment amount based on a set of statutory guidelines may seem like a straightforward process, there are a number of issues that can lead to complications during a divorce or separation. In order to ensure that you arrive at an accurate obligation amount and do not overlook any child-related financial issues, it is important that you work with an Irvine child support lawyer who is experienced in helping parents navigate all aspects of the divorce or separation process. For example, issues that can complicate the process include:

1. Identifying All Sources of Income

By law, parents are required to disclose their income sources as part of the divorce process. However, parents do not always comply with this requirement; and, whether your spouse inadvertently omits information or intentionally attempts to conceal one or more sources of income, acting on incomplete information will almost certainly lead to an inaccurate result. Our Irvine child support lawyers utilize various forensic and legal methods to ensure that our clients have all access to all of the financial information to which they are legally entitled.

In some cases, it can be difficult to accurately calculate a parent’s income even when complete information is available. This is most common in cases involving business owners and parents who are self-employed. But, here too, there are methods and strategies available, and our child support lawyers can ensure that you arrive at an accurate child support calculation.

2. Dealing with Intentional Unemployment or Underemployment

Unfortunately, in some cases parents will attempt to avoid incurring a legal obligation to pay child support (or attempt to increase their spouse’s or partner’s payment obligation) by intentionally remaining unemployed or underemployed. In this type of scenario, it may be possible to impute income to the non-earning or under-earning parent, meaning that child support will be calculated based on the parent’s ability to earn rather than his or her actual income. Once again, this is a challenging scenario that will generally require the assistance of experienced legal counsel.

3. Addressing College Tuition and Expenses Outside of Child Support

In California, parents have an obligation to support their children through age 18 (or age 19, if they are still in high school). This means that they typically do not have an obligation to fund their children’s higher education. However, many parents understandably still wish to address college tuition and expenses during their divorce or separation.

Although college tuition and expenses are not covered by child support, parents can address them through various other means. For example, one option is for parents to agree that they will each contribute a minimum amount to their children’s higher education costs – whether through a 529 savings plan or another savings vehicle. Alternatively, parents may choose to establish a trust at the time of their divorce or separation that sets aside funds that can only be accessed by their children for education-related needs.

Speak With an Irvine Child Support Lawyer in Confidence

Do you have questions about child support? To speak with an experienced Orange County child support lawyer at in confidence, please call 949-474-0800 or request an appointment online at our Irvine office location.

Common Questions About Child Support in Orange County

How is child support calculated in California?

By a statewide guideline formula applied uniformly across the state. The formula’s principal inputs are each parent’s net disposable income and the percentage of time each parent has primary physical responsibility for the children. Courts run it through certified software, so the arithmetic is not usually the dispute. The dispute is over the inputs, particularly what a parent’s income actually is where compensation is variable or self-employment is involved, and what the timeshare percentage really is where the schedule is irregular.

Can parents agree to a different amount than the guideline?

Yes, within limits. Parents may stipulate to an amount above or below guideline, but the court must be satisfied that they are fully informed of their rights, that the agreement is not the product of coercion, and that the children’s needs will be adequately met. Where the agreed figure is below guideline, the stipulation must include specific declarations, including that both parents know the guideline amount and agree the lower figure is in the children’s best interest. A below-guideline agreement that omits those declarations is vulnerable later.

What expenses are added on top of the base support amount?

Two categories are mandatory: child care costs related to employment or reasonably necessary education or training for employment skills, and the children’s uninsured health care costs. Those are ordinarily divided equally between the parents. Other expenses are discretionary, including private school tuition, extracurricular activities, tutoring, and travel for visitation, and courts commonly allocate them in proportion to income. Specifying in the order which expenses qualify, who authorizes them, and how reimbursement is documented prevents most later disputes.

How long does child support last, and what happens to unpaid support?

Support ordinarily continues until a child turns eighteen, or nineteen if the child is still an unmarried full-time high school student, and it continues indefinitely for an adult child who is incapacitated from earning a living and without sufficient means. Unpaid support accrues interest at the statutory judgment rate, cannot be discharged in bankruptcy, and is not retroactively reduced by a later modification. Enforcement tools include wage assignment, liens, license holds, and contempt, which is why an order that no longer matches reality should be modified rather than simply not paid.

About the Firm

Seastrom Tuttle Murphy Dockstader is a family law firm in Irvine representing clients throughout Orange County, and in Los Angeles County. The firm practices family law exclusively. Its attorneys include Fellows of the American Academy of Matrimonial Lawyers and of the International Academy of Family Lawyers, and attorneys certified as specialists in family law by the State Bar of California Board of Legal Specialization. Call 949.474.0800 to discuss a child support matter with the firm.