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CALIFORNIA FAMILY LAW CODE

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9 California family law child support & custody lawyers, 25 support staff.

One of California's oldest & largest family law firms.

Child Support Lawyer, Attorney, Los Angeles, California

Find out the answers about child support collection and other critical issues. How joint, physical custody, & visitation affects child support. How to garnish wages. How depositions can help find out where the money is.

How do subpeonas help gather evidence and prove sources of income, especially to pay your attorney fees. Why the District Attorney actions affect your checking account. Be sure to fill-out the Client Questionnaire.

Phone (310) 393-0236 Free Consultation.

Learn how you can save money by assisting in the fact gathering process of your case

Child Support
is Life Support
California Family
Law Code


CALIFORNIA CHILD SUPPORT LAW:

1) How is child support determined in California?

In 1984 the California Legislature enacted the Agnos Minimum Child Support Standards Act. This law established minimum levels of child support and required the courts to establish guidelines for awards of child support above the statutory minimums.

This is known as the "Child Support Guideline", which was recently amended, effective July 1, 1992.To calculate the minimum amount of child support to be paid by a parent, the law directs the judge to first add up the total net monthly incomes of both parents.

Then, the judge has to compute the percentage of that income that is being earned by the non- custodial parent. Then that percentage is multiplied by the applicable level of welfare payments for the number of children in the household.

The result of this calculation is the minimum child support. It should be understood that in the vast majority of cases, the court orders child support above the minimum level, as determined by local support guidelines.

The vast majority of child support is paid under the Child Support Guideline. The guideline is based on a complicated mathematical formula. In fact, computer programs must be used to calculate child support under the guideline.

2) How long is child support supposed to be paid?

Child support must be paid until the child becomes 18, unless the child has not graduated from high school, in which case the child support continues until the child has graduated high school or becomes 19, which ever occurs first.

Presently, the law does not give judges the power to make a parent support a child beyond the age of 19, unless the child is physically or mentally disabled.

However, the parents can agree that child support is to continue into the college years, and such an agreement will be enforced by the Family Law Court.

3) How is child support supposed to be paid?

Unless the custodial parent agrees otherwise, all child support is to be paid by a wage assignment. This means that the child support payments are to be deducted from the wages of the parent who is obligated to pay child support.

4) How is child support calculated?

California has a statewide formula (called a "guideline") for figuring out how much child support should be paid.If parents can't agree on child support, the judge will decide the child support amount based on the guideline calculation.

Child support guideline calculation depends on:
    • How much money the parents earn or can earn,
    • How much other income each parent receives,
    • How many children these parents have together,
    • How much time each parent spends with their children,
    • The actual tax filing status of each parent,
    • Support of children from other relationships,
    • Health insurance expenses,
    • Mandatory union dues,
    • Mandatory retirement contributions,
    • The cost of sharing daycare and uninsured health-care costs, and
    • Other factors.
    • Child support can also include the cost of special needs like:
    • Traveling for visitation from 1 parent to another,
    • Educational expenses, and
    • Other special needs.

5) Can I get child support for the time before the child support order?

If you don't get public assistance, you may get child support from the day that you filed your case asking for child support. To get support from this date, you must serve the other parent within 3 months after you file your case.

The judge may also award child support starting from the date of the hearing, the date the other parent was served, or another date depending on the facts in the case.


New Article Nov. 2009
"Divorce is War"

MICHAEL KELLY, CALIFORNIA FAMILY LAW

9 California Family Law & Child Support Attorneys:

  • Michael Kelly
  • Steven Fernandez
  • Craig Nadai
  • Marjorie McCarthy
  • Crystal Boultinghouse
  • Matthew Rich
  • Mitchell Sperling
  • Steven Shore

Be sure to fill-out the Client Questionnaire.

California Family Law Institute (MAP)
429 Santa Monica Blvd., Suite 120
Santa Monica, CA 90401
(310) 393-0236 Fax (310) 393-4221
California Family Law Institute (e-mail)

DISCLAIMER:
Information provided on this site is not legal advice, please speak to a licensed attorney. Results not guaranteed, your outcome may vary. Reading content on this web site or filling out the client questionaire or sending an email to this organization or speaking with any of it's representatives does not create an attorney-client relationship, or protect any confidential information until a written agreement is signed. This ad is void where prohibited by law.

"You can never turn back the hand of time, make sure you get your time with your children!
Michael Kelly
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