Glendale Child Support Lawyer

Fighting for Your Rights, Assets & Best Interests

At Holmes & Holmes, our aggressive litigation style coupled with our decades of legal experience help us successfully serve our clients who are facing difficult family law problems. We are committed to getting our clients the outcome they deserve, which is why we draw from our extensive experience in family law. 

With five highly skilled attorneys working in our firm, we're able to draw on our unique experiences and provide quality legal counsel and well-informed advice. You can trust our caring and capable child support attorneys in Glendale to provide you with the strong representation you need.

How Is Child Support Determined in California?

In California, child support is typically calculated using a formula that takes into account a variety of factors. The primary variables that influence the child support calculation include:

• Income of Both Parents: The court considers the income of both parents, including wages, salary, bonuses, commissions, self-employment income, and any other financial sources. For parents who are self-employed or who have income that is difficult to quantify, additional documentation may be required to verify earnings.
• Custody Arrangements: The amount of time each parent spends with the child is a critical factor in determining child support. If one parent has primary physical custody, the other parent is typically required to pay child support. If the parents share custody, the amount may be adjusted to reflect the time each parent spends with the child.
• Other Children: The number of children a parent supports, both from the current relationship and other relationships, can affect the amount of support they must pay. For example, if a parent has multiple children from different relationships, their support obligation for each child may be adjusted to reflect this responsibility.
• Health Insurance and Child Care Costs: The cost of health insurance for the child, as well as any child care costs, can be factored into the child support determination. If one parent is responsible for covering health insurance or paying for daycare, this may influence the total amount of child support.
• Other Special Needs: If the child has special needs or requires extraordinary expenses, the court may consider these factors when calculating the amount of support. This may include medical expenses not covered by insurance or costs related to education or therapy.

Once the support amount is determined, it is typically ordered by the court and becomes legally enforceable.

When Can I Establish Child Support in California?

In California, child support can be established at any time after a child is born, but there are specific situations when it is commonly initiated. Here are the key circumstances under which child support can be established:

• If you are going through a divorce or legal separation and have children, child support can be established as part of the divorce proceedings.
• If parents are not married, child support can be established through a paternity case.
• If parents are separated but not divorced, one parent can file for child support through the local child support agency or through the courts. 

Our Glendale child support attorneys have guided countless clients through their custody and child support problems and we have the skills needed to effectively protect your rights and financial well-being. A divorce can pose many difficult problems for parents, which is why it's important that you come to a financially beneficial resolution.

Modification of Child Support in California

It's important to understand that child support orders in California are not set in stone. If your financial situation has changed significantly since the original child support order was issued, you may be eligible for a modification. Whether you're the paying parent seeking a reduction in support or the receiving parent seeking an increase, our Glendale child support lawyers can help you navigate the process.

Reasons for seeking a child support modification may include:

• Loss of employment
• Increase in income
• Change in custody arrangements
• Healthcare or educational expenses

Our experienced child support attorneys at Holmes & Holmes can assess your situation and guide you through the legal steps to request a modification of your child support order. We are committed to fighting for your rights, assets, and best interests when it comes to child support matters in California.

Enforcement of Child Support Orders

When a parent fails to comply with a child support order, enforcement measures can be taken. California has a variety of mechanisms in place to ensure that child support payments are made, and failure to pay child support can lead to serious consequences.

If a parent fails to make required payments, the other parent can take several steps to enforce the order, including:

• Wage Garnishment: The court can order wage garnishment, which automatically deducts child support payments from the paying parent’s paycheck before they receive it.
• Intercepting Tax Refunds: The state can intercept federal and state tax refunds to satisfy overdue child support payments.
• Suspending Licenses: A parent who is delinquent in paying child support may have their professional, driver’s, or recreational licenses suspended until they bring their support payments up to date.
• Contempt of Court: In cases where a parent willfully refuses to pay child support, the court can find the parent in contempt of court. This can result in fines, wage garnishment, or even jail time in extreme cases.
• Credit Reporting: Child support arrears can also be reported to credit agencies, which may negatively impact the paying parent’s credit score.

These enforcement measures are in place to ensure that children receive the support they are entitled to, and they can be critical in cases where a parent is not fulfilling their financial responsibilities.

Can You Go to Jail for Not Paying Child Support in California?

Yes, you can. A judge in California can fine an unfit parent for past-due child support up to $1,000 and sentence them to up to five days in jail. Typically, judges don't fine parents since that money could go towards past-outstanding child support payments.

At Holmes & Holmes, we understand the various aspects of child support, including:

• The non-custodial parent will be ordered by the court to pay monthly child support to the custodial parent.
• Child support payments will need to be made to the custodial parent until the child graduates from high school or reaches the age of 19.
• The amount of support is determined, in part, by the income and expenses of both parties.

Child support can be used to pay for any number of expenses, such as the child's medical bills or extracurricular activities. It can also cover the cost of toys, movies, and other age-appropriate entertainment for the child. It may even be used to cover the costs of cable or Internet if the child uses these frequently.

After discussing these issues with our client, we can help predict what the court will rule in relation to who must pay child support and how much support must be paid. We have the experience necessary to relentlessly fight on your behalf both in and out of the courtroom.