Articles Posted in Child Support

California law demands that parents provide financial support for their children. This obligation arises in the context of a divorce, legal separation or paternity case. In San Diego, child support orders may be through the San Diego Family Law Court or the San Diego DCSS Court. Both orders are legal and must be obeyed.  Parents often disagree as to what constitutes an appropriate amount of support or what they feasibly can pay, though, and in some instances, it may become necessary to retain an expert to provide insight on disputed issues. In a recent California ruling, the Court discussed the admissibility of expert reports in child support actions, ultimately rejecting the father’s assertion that a report should be barred as hearsay.  This is a very complicated procedure and legal advice is advisable if you have expert witnesses for their qualification and presentations with their reports and evidence admissibility.  If you need assistance with a child support matter, it is in your best interest to speak with a San Diego child support attorney as soon as possible.

Factual and Procedural Background

It is reported that, in a paternity action, the father filed a motion to reduce his child support payments to the mother. At that time, the father had custody of the couple’s son approximately 1/3 of the time. The mother responded by requesting a vocational evaluation of the father. An expert was appointed to evaluate the father’s earning capacity, but the father refused to participate in the evaluation. The father filed three motions in limine to preclude the vocational expert’s report from being admitted into evidence. The Trial Court considered but ultimately denied the motions. Continue reading

Raising a child is a rewarding but costly endeavor that few people can afford to do alone. As such, if a couple with children divorces, the courts will often order one parent to pay child support to the other. Child support durations generally endure until children turn 18, but they can last longer in certain circumstances, like when a child still attends high school full-time. Recently, a California Court addressed what constitutes full-time attendance in a case in which the parties disputed whether the father had a duty to pay child support. If you need assistance with a child support matter, it is in your best interest to talk to a San Diego child support attorney as soon as possible.

Procedural History of the Case

It is reported that a dissolution proceeding between the mother and the father was pending for two decades. In the interim, the Court granted the mother primary custody of the couple’s youngest child. Further, the Court ordered the father to pay $10,000 per month in child support. The child turned 18 in March 2020.

Allegedly, in September 2021, the father filed requests for orders, asking the Court to determine that his child support obligation ended and seeking a refund of overpaid support. The father based his requests on the fact that the child turned 18 in June 2020 and no longer attended high school full-time after that date. He also sought sanctions against the mother. The Court denied the father’s request to issue sanctions but granted his other requests, finding that as of July 2020, the child was no attended high school full-time. The mother appealed. Continue reading

When parents share custody of a child, they will often rely on the Courts to determine if one party owes the other child support and, if so, what amount of support is appropriate. If a party believes that a Court ruled improvidently with regard to a child support determination, they can file an appeal. They must do so within the time set forth by law, however, to avoid dismissal of their appeal on procedural grounds. This was demonstrated recently in a California child support case in which the Court dismissed a father’s appeal as untimely. If you or your co-parent intend to seek child support, it is advisable to meet with a skilled San Diego child support attorney promptly to avoid inadvertently waiving your rights.

Procedural Background of the Case

It is reported that in September 2020, the County Department of Child Support Services filed a complaint against the father to establish child support for his minor children. The Department attached a proposed judgment regarding child support to the complaint. The father filed an answer disputing the support requested. The Department then filed a motion for an order of child support, to which the father filed a responsive declaration.

Allegedly, the Court held a hearing in June 2021. During the hearing, the Court considered the father’s brief and testimony from the mother and the father. It continued the hearing after directing the father to provide a declaration with relevant case law. Following the continuation of the hearing, during which the Court considered the case law requested and additional testimony, the Court took the matter under submission. In August 2021, the Court issued a ruling ordering the father to pay child support, which was effective October 2020. The Court also filed a judgment regarding parental obligations, and served the judgment on the father. The father filed a notice of appeal in October 2021. Continue reading

In any family law case involving a child, the Courts must issue rulings that are in the child’s best interest. The best interest standard applies not only to matters in which child custody is at issue but also in cases in which child support obligations are being established or modified. If a Court fails to adhere to the best interest standard when making a child support ruling, its ruling may be vacated, as demonstrated in a recent California case. If you need assistance with a child support matter, it is prudent to speak to a dedicated San Diego child support attorney as soon as possible.

Facts of the Case

It is alleged that the father has two children and that he paid their mother child support. In 2015, the father and the mother entered into a stipulated judgment that established their parental obligations. Among other things, it defined his monthly child support obligation. In 2021, the Department of Child Support filed an action to modify the father’s support obligation on the grounds that his income had increased, and it had been three years since the last modification.

Reportedly, following a hearing, the Trial Court found that per the child support guidelines, the father’s child support obligation should increase by approximately $400 per month, but determined the father could not afford that amount. Subsequently, the Trial Court reduced the father’s child support obligation by $200 per month rather than increasing it. The Department of Child Support then appealed. Continue reading

Raising a child is expensive, and few people can afford to do it alone. As such, in many cases where parents share custody, the Courts will order one parent to pay the other child support. Child support obligations are typically based, in part, on each party’s actual income, but in some cases, the Courts will find it appropriate to use a party’s imputed income instead. Recently, a California court discussed each party’s burden of proof in establishing their income in child support matters. If you need assistance with a child support issue, it is advisable to meet with a knowledgeable San Diego child support attorney to discuss your rights. 

Procedural Background of the Case

Reportedly, the mother and the father married in 2010 and had two children during their marriage. Both parties worked and provided financial support for the family. In 2015, the father filed a petition for dissolution of marriage. They entered into a marital settlement agreement that provided that the parties would share equal time with the children and custody rights. It also imposed a monthly child support obligation of over $800 on the father, which was derived from the parties’ income and the statutory guidelines.

Generally, the California Courts calculate child support obligations, in part, on each parent’s actual income. In some cases, however, they may determine what constitutes appropriate child support based on a parent’s imputed income. This was illustrated in a recent California case in which the Court declined to substantially reduce a father’s child support obligation after he voluntarily left his job. If you are interested in learning more about child support, it is advisable to speak to a  San Diego child support lawyer as soon as possible.

Factual Background of the Case

It is reported that the mother and the father ended their marriage in December 2019. They filed a settlement agreement at that time, during which the father agreed to pay the mother $2,500 each month for child support. A report attached to the agreement indicated that the father’s monthly wages were approximately $10,000, while the mother’s earnings were around $12,000. The father voluntarily left his position in construction sales less than one month later.

Allegedly, the father made partial child support payments for two months and then ceased payments entirely. He filed a request for order (RFO) in June, asking the Court to modify his child support obligations on the grounds that he had no income. The mother opposed the RFO and asked the Court to continue the current obligation or increase it. The Court denied the RFO and imputed income to the father in the amount he was earning prior to quitting his job, set child support at $2,351 per month, and to pay half of the mother’s daycare expenses. The father appealed. Continue reading

In co-parenting arrangements, it is not uncommon for one parent to earn a greater income than the other. As such, the Courts will often find it appropriate to order the higher-earning party to pay child support to their co-parent. While California policy favors providing children with adequate financial support, the Courts may reduce a child support award in certain circumstances. This was demonstrated recently in a California case where the Court ordered the mother to seek employment. If you share custody of a child and have questions regarding support obligations, it is prudent to meet with a San Diego child support lawyer to evaluate your options.

The History of the Case

It is alleged that the mother and father share custody of a 5-year-old child. When the child was first born, he spent approximately 80 percent of his time with the mother and the remaining time with the father. At that time, the father’s income was $15,000 per month, and he was ordered to pay the mother approximately $1,500 per month in child support. The mother did not work but received $5,000 per month from her father.

It is reported that in 2020, the father moved to modify his support obligation, as his time with his son had increased to over 40 percent. Additionally, he sought a seek-work order compelling the mother to work. The Court granted the order over the mother’s objections, and she appealed. Continue reading

Parents often aim to keep their families intact, but despite their intentions, many parents decide to separate and share custody of their children. Raising a child can be costly, and it is not uncommon for one parent to seek financial support from the other. Even co-parents that have an amicable relationship may not always agree as to the best way to split time with their children during important events like holidays or who should bear the costs of transporting the child from one parent’s home to another. As such, it is smart for anyone who shares custody of a child to contact a seasoned San Diego child custody lawyer to assess their options.

Child Support

One issue that commonly arises when parents share custody of a child and one parent is required to pay support, is that the obligor parent believes they are paying the other parent to care for their children and becomes resentful. In truth, it only appears that way on paper. The California Courts employ statutory child support guidelines to determine how much each parent should contribute to their child’s upbringing. In general, the guidelines dictate that the parent who earns more money should provide more money towards the costs of raising the child.

Couples use a prenuptial agreement to address the parties’ interest in the assets and debts in the event of separation or divorce. A prenuptial agreement is also helpful in the death of one spouse. It can assist in resolving problems regarding distributions of marital debts as well as assets. A prenuptial agreement is becoming common, but couples can be hesitant to sign one. You can make your decision by considering how a prenuptial agreement can help you. (See Family Code section 1610).

Marriages are not only a romantic relationship, but also a kind of business-based relationship. To, secure everyone’s financial interest is extremely useful.

Everything has its advantages and disadvantages. It is significant to understand the drawbacks of what you are going to do? If we talk about it from emotional viewpoint, couples may feel awkward when approaching the idea of a prenuptial agreement. It also creates a sense of distrust between the two people in love who are expecting to become one in future.

Children suffer the most when parents opt for Divorce or legal separation. Not only do they suffer emotionally, but even their future becomes unclear and blurry. If parents fail to sort out their differences, it may negatively impact a child.

One of the most sensitive matters in a Divorce is child custody and visitation and child support. The effects of Divorce on a child are everlasting, and the decision the Family Law Judge takes regarding support and custody plays a significant role in their life.


Child custody Cases in California

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