If you’ve decided to get divorced in Los Angeles, you may find your case becomes more complex than you expected when you factor in property division or child support. At The Dorie A. Rogers, APC, our Los Angeles child support lawyers know how to make the complex easy to understand.
If you have children, ensure protection for you and them by contacting our office for a consultation. We assist you in obtaining you and your children the financial support you need and deserve.
Los Angeles Practice Areas
At The Dorie A. Rogers, APC
We represent clients both initiating and defending against child support actions. Our Los Angeles child support attorneys counsel and advocate for clients in issues related to initial calculation, failure to pay, modifications and enforcement of existing child support orders.
Backed by more than 30 years of experience and extensive qualifications, we are committed to protecting the rights and interests of clients dealing with even the most complex child support matters, including cases involving parties with considerable wealth.
Contact us to schedule a consultation. We serve clients throughout Orange County, Los Angeles County and Riverside County, California.
Navigating Child Custody vs. Child Support
The main difference between child custody and child support is that child support is the monetary amount one parent pays to another regarding sole or joint custody. While child custody is essential in determining an amount for child support, it is not the only factor contributing to the amount.
When you need someone to help you deal with a child custody or child support disagreement, trust us with your case. We minimize conflict and work toward practical solutions.
We Can Calculate the Child Support Amount You Deserve
In California, child support calculations begin with a formula for determining the basic amount someone should pay. Sometimes, this formula gives a value below the amount sufficient for the lifestyle your child is used to. These circumstances might warrant a deviation from the California guidelines.
The state’s primary method of establishing a child support amount comes from both parents’ actual monthly income. This factor may seem straightforward, but difficulties can arise when dealing with business owners, inheritance or investment income, or seasonal work. Our forensic accountants can help you determine both parents’ actual income.
California courts will also factor in how much time each parent spends with the children to determine the amount for your claim. For example, if a child lives with one parent most of the time, the other parent will likely need to pay higher child support. In cases where children live with each parent equally, judges base child support on the income differences between the two parents.
What Factors Influence Child Support Amounts?
For help determining the amount of child support that you will receive or pay, talk with a Los Angeles child support attorney. They can help you understand the factors that influence child support amounts, such as:
- Parenting plans,
- Your child’s special needs or medical expenses,
- Job skills,
- Health status of you, your child’s other parent, or your child,
- Criminal background and other employment barriers,
- Local earning potential, and
- Retirement withholdings
Guiding You Through the Child Support Process
The steps in the child support process in California often follow a straightforward order. Despite this, it takes years of experience in the legal system to navigate them correctly. Our attorneys ensure that you are prepared to receive the optimal outcome. We have a history of guiding our clients through every step of the process.
Helping You Open Your Case
A parent or legal guardian can open a child support case, and one of these people must do so to begin the process. A judge declaring that your child’s parent needs to pay child support does not open your case for you.
For opening a case in California, you start by filling out the online application or visiting your local child support agency. A lawyer can make this process simple by doing this step for you. After they submit your application, the agency will help you obtain an order with the court.
Some benefits to opening a case:
- You can receive assistance in every step of the process.
- You will have an official record of the child support situation. A record protects the payer and recipient.
- Enforcement of the order is easier when there is a case record.
Locating the Other Parent
Before any further action, a lawyer will work to find the other parent, if necessary. If you are the filer of the case, providing as much information as possible about your child’s other parent makes the process smoother. Details that help are their date of birth, Social Security Number, and last known residence.
Filing Your Summons & Complaint
The parent asked to pay child support receives a Summons and Complaint packet. This packet lets the recipient know they have been asked to pay child support.
If the 30-day response period expires without a response, a judge may order child support without considering the payer’s financial situation.
Establishing Legal Parentage
Sometimes, the intended payer may believe they are not legally responsible for the child or children. If you have been served a Summons & Complaint regarding a child you think you did not father, you can request proof. A lawyer can assist you in that process.
The process typically involves a highly accurate DNA test or finding proof that the parents were married at the time of the child’s birth. If you are in this situation and do not request proof, you may be assigned legal parentage without your consent.
Attempting Your Stipulated Agreement
With mediation or an official meeting, you may be available to avoid court. This attempt at selecting an amount with the other parent may not always be available, but when it is, it can save you time and money.
A Stipulated Agreement is encouraged when possible, as it helps minimize conflict and your time in the courtroom. After you complete a Stipulated Agreement, the court files it, and you will start making or receiving payments.
Setting and Attending Your Court Date
If you prefer to go to court in Los Angeles, CA or cannot agree with the other parent, a court will set a date for you. Adequate preparation is vital. Discussing your case details with an attorney can set you up for success when meeting with the judge.
On your court date, the judge will review the necessary information of your case and decide on the appropriate amount of child support to order.
Making or Receiving Your Payments
After the judge sets the child support amount, payments are scheduled. If you are the payer and are employed, your employer may withhold the funds from each paycheck.
All payments are recorded. A court can use this information if there is any future disagreement.
Modifying Your Order
Future changes in circumstances, like a job loss, new marriage, or change in custody or visitation, may prompt a need to modify your child support order. Our attorneys can guide you through this process and protect your rights.
FAQs
Q: How Do I Fight Child Support in California?
A: If you do not believe you are the biological parent of the child, you could fight child support in California by seeking a paternity determination. If you were married when the child was born, your parentage will be assumed unless you establish otherwise. This would make you not responsible for child support. If a change in your life has made paying child support difficult, you could seek a modification from the court.
Q: How Much Is Child Support for One Kid in California?
A: While the amount of child support allocated depends on the income of both parents and other factors, child support for one kid in California can be upwards of $400 per month. This amount can change depending on the percentage of time each parent spends with their child. Working with a family lawyer to factor in all aspects of your life when setting up a child support agreement is essential.
Q: How Much Does a Child Support Lawyer Cost in California?
A: The cost of a child support lawyer in California varies widely, but an hourly fee will usually be around $200-$500. The fee an attorney charges in California depends on the experience and reputation of the attorney, the amount of time you need them for, and the details impacting your case. Often, lawyers in more urban areas with higher market values, like Los Angeles, will charge higher amounts than those in rural areas.
Q: What to Do If Someone Won’t Pay Child Support in California?
A: In the case that a payer attempts not to pay, California state law dictates penalties that can include:
- Driver’s license or passport suspension
- License (professional and occupational) revocation
- Liens on bank accounts and property
- Interception of tax refund checks
- Interception of lottery winnings
In addition to the above penalties, courts charge 10% interest on unpaid court orders.
Ultimately, a lawyer can help you file civil contempt charges if someone still refuses to pay. Contact a child support attorney immediately if your child’s parent refuses to pay child support.
Q: Is Child Support Mandatory in California?
A: Child support may be mandatory in California, depending on your circumstances. Generally, both parents are required to support their children financially until they reach the age of 18. However, if parents have joint custody and earn a similar amount of money, child support may not be necessary. If you’ve been ordered to pay child support, you must do so. Failure to pay child support could result in a number of penalties, including liens on your personal property.
Seek Help With Child Support in Los Angeles
Your child support lawyer should protect your rights and advocate for you, as incorrectly navigating a child support case can impact you and your child’s life forever. At The Dorie A. Rogers, APC, our attorneys can assist you no matter how complex your child support case may seem. Don’t hesitate to contact The Dorie A. Rogers, APC, to schedule your consultation today.
“Dorie is a very powerful attorney and a great asset to have on your side in any family legal matter. She is extremely bright and insightful, and I got everything I asked for in my lawsuit.”
“I would strongly recommend Ms. Dorie Rogers for any legal needs. During my Divorce proceedings, Dorie’s professionalism, expertise in Divorce Law and legal skill helped bring my case to a close in both a timely and mutually agreeable manner.Additionally, Dorie took the time to understand me and my background to better represent me in my case. She showed a level of caring and concern that helped me through a very difficult time. She is an outstanding lawyer and wonderful person.”
“Second to none – I wouldn’t hesitate to recommend Dorie to anyone. She was my attorney for my divorce and custody case. She will do everything it takes to get the job done and all with a smile on her face. Her knowledge and expertise will assist anyone in a family law situation get the results they want.”
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