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Under California family law, which covers Los Angeles, both parents have the legal
responsibility to provide financial support for their
children. After separation or divorce,
or in the case where the parents are not married, or not
living together the courts may order either or both parents
to make regular payments to support a child’s living and
medical expenses. These payments are called child support.
Income Definition
Child support payments are determined in Los Angeles, California under a
set of guidelines that are based on the amount of time a
child spends with a parent and each parent’s monthly
income. For the purposes of child support income is defined
as:
- Wages from a job
- Tips
- Commissions
- Bonuses
- Self-employment earnings
- Unemployment benefits
- Disability and workers' compensation
- Interest
- Dividends
- Rental income
- Social Security or pensions
- Any payments or credits due or becoming due,
regardless of the source, including lottery and prize
winnings.
Certain payments are exempt from gross monthly income for
support payment purposes. They include:
- Taxes
- Mandatory union dues
- Health premiums
- Child or spousal support actually being paid
- Costs of raising children from another relationship
Altering a Child Support Order
Once a child support order has been issued it can only be
altered by a new order or a change approved by the court.
Either parent may request a review of the child support
order if there is a change in circumstances. If there has
been a substantial increase or decrease in the earnings by
either parent, a change in the custodial
arrangements, or shift in the amount of time the child
spends with each parent, a court may approve a new child
support agreement. This will require a notice to the local
child support agency handling the case if both parties agree
or a motion with the courts in the case of a disagreement.
In California, it is typically ordered that child support
continue until the child becomes 18. However, there may be
special circumstances when the court may order the
continuation of support beyond this time period. For
example, if the child has reached 19, but is still attending
high school, a court may order child support extended.
Paternity
Before an order for child support can be issued, paternity
of the child must be established. If the father acknowledges
paternity, an affidavit can be submitted to the court. If
there is doubt or dispute regarding the father, paternity
tests may be ordered by the court.
Do I Need an Attorney?
Child custody and support can sometimes be among the most
contentious of legal disputes. Issues of paternity, full or
shared custody, visitation,
payment amounts, and duration of child support can create a
complex web of concerns and disagreements. It is in your
best interest to retain experienced legal representation. A
Los Angeles, California family law attorney can help negotiate on your
behalf, and file all necessary paperwork with the courts. An
attorney can not only assist you through the process, but
can help you to monitor compliance with the child support
order, or request adjustments to the agreement if your
circumstances change.
If you have questions about negotiating a child support
order, please contact our California Child Support Attorneys
to discuss your situation. We can help.
Contact us online or call us
at 1-800-221-9963.
Related Information
Child Custody
Visitation Rights
Stepparents’ Rights
Grandparents’ Rights
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