626.463.7300
Request a consultation

CHILD SUPPORT


Child Support Calculator:

A Monthly Child Support amount is calculated using a computer program that applies the “guideline” formula:.

Child Support Factors:

  1. Percentage of Time (0-100%) each parent has visitation with the child (calculated in hours-per-year);
  2. Monthly Income of each parent (average per month based on tax return, paystub year-to-date, profit & loss statement), including salary, wages, overtime, commission, bonus, rental property income, self-employment income after business expenses, or in the alternative, retirement income, unemployment income, disability/workers compensation income, or government aid);
  3. Tax Filing Status (Single or Head of Household);
  4. Number of children;
  5. Child support and/or spousal support paid from other relationships;

Child Support Add-Ons:

  1. Child Care Costs: related to employment, education, or training for employment. [Family Code §4062(a)(1)]
  2. Health Care Costs [Family Code §4062(a)(2)]
  3. School Costs or Other Special Needs [Family Code §4062(b)(1)]
  4. Visitation Travel Expenses [Family Code §4062(b)(2)]

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.”

Modification of Support:

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.

Post-Judgment Enforcement of Child Support:

It is often necessary to enforce court orders because the other party does not timely comply. Post-judgment enforcement proceedings may be necessary include:

  • Failure to pay child support or childcare expenses
  • Failure to reimburse for healthcare expenses
  • Failure to pay spousal support
  • Failure to comply with division of property and/or debt orders
  • Failure to make deferred sale of family residence
  • Failure to make equalization, balloon, or buyout payments
  • Adjudication and collection of arrears

Custody & Visitation Modification:

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.

Effect of Visitation Schedule on Child Support:

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.

Counts Law Firm | Family Law Attorneys in Los Angeles

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.

Address
ADDRESS

Counts Law Firm
790 East Colorado Boulevard
9th Floor
Pasadena, CA 91101
Phone
Phone

626.463.7300

Fax
Fax

626.410.1166

Free Case Consultation
Free Case Consultation

Internail server error. Try again later.