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Child Support

Child support orders are based on two primary factors: 1) the income of both parties,  and, 2) the amount of time each party spends with the children. Generally,  the non-custodial parent,  or the parent whose income is the highest, pays support to the other parent for the time period that the children are not in his or her custody. The calculation of guideline child support is done by a computer program used by attorneys,  known as the DissoMaster,  which makes recommendations for the Court. 

Child support may not be waived by agreement of the parties. Both parties have a statutory obligation to support their children until they reach 18 years of age, whether or not the parties were ever married to one another. In some instances that obligation may be continued until the children are 19 years old, if the children have not yet graduated high school, and they are attending school full time. In those situations, the obligation ends once the child reaches 19 years of age, or graduates high school, whichever happens first.

Child support can get more complicated if one party is not reporting their full income, if one party is self-employed, or if one party's income fluctuates. To ensure the child support orders are accurate, you should speak with our legal team.

Modification of Child Support Orders

Child support orders are always modifiable upon a showing of a change in circumstances. The custodial parent may seek an increase in support payments upon a showing that the non-custodial parent had a pay raise. Conversely, the non-custodial parent may seek a decrease in court ordered child support payments upon a showing that s/he lost a job, had a decrease in pay, became disabled and unable to work, or other compelling circumstances. 

Department of Child Support Services

All counties throughout the state of California have local child support departments that are empowered to enforce child support orders. The Department can enforce existing orders, and it can initiate support proceedings on its own. It can also set proceedings to modify or increase existing support orders, as well as go after parents who are behind, or in arrears, with regard to their court ordered child support obligations.

In theory, the Department represents the county and not any individual party or litigant. However, in practice, the party against whom the orders are sought will be fighting the county if s/he is in disagreement with their findings. Thus, it is important to hire a skilled attorney who is familiar with Department procedures, as well as the statutory basis for modification of child support orders. If you need assistance with child support please call (510) 200-8695 for a consultation with our knowledgeable staff.

If you are seeking advice regarding child support call Armada Law Corp at (510) 200-8695

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