A Monthly Child Support amount is calculated using a computer program that applies the “guideline” formula:.
The Court will calculate basic child support first, and then add-ons at either 50% (or some other proportion based on the parties’ adjusted net disposable income) [See §4061(b)(2).
Parents, through counsel, may negotiate and stipulate to a child support agreement at, above, or even below the guideline amount if the agreed upon amount will adequately meet the child’s needs and best interests, and if the child is not subject to county public assistance. [Family Code §4065(a)(3); §4065(a)(4); and §4065(a)(5).] Child support may be ordered by the Court until the child turns 18 years old and graduates high school.
If one parent has voluntarily reduced their income or is capable of working, but is not, the Court has the power to award support based on that party’s earning capacity, or “imputed income.”
A parent may modify an existing child support order if: 1) a change in timeshare percentage; or 2) a change in either party’s income; or 3) if parties previously entered into a below guideline stipulated child support or “waived” their right to child support. Since child support is for the benefit of the children it is always modifiable.
It is often necessary to enforce court orders because the other party does not timely comply. Post-judgment enforcement proceedings may be necessary include:
Once a child custody & visitation order is set, the terms and conditions may be added to or changed as the needs of the child and parents change or if either parent is not following the order. A significant change in circumstances may require, in the best interest of the child, to modify the order. The modification can be prepared by counsel through an agreement signed by the parents, and filed with the court, or if an agreement cannot be negotiated, either parent can request the court modify the order.
A parent’s amount time spent with a child, known as timeshare, directly impacts the amount of child support paid to a parent. Therefore, it is important to have counsel to obtain the highest timeshare that you believe is in the child’s best interest.
If you are going through a child support dispute, do not hesitate to contact Counts Law Firm. Emahn Counts is an experienced Los Angeles family law attorney who has years of experience in handling all types of family law matters. We have experience collecting on your family law judgment by filing requests for contempt, recording liens, garnishing wages, and levying accounts. Emahn Counts will help you devise a strategy to maximize the value you are entitled to for your child or help you negotiate a fair child support settlement.