San Diego, California, Child Support Attorneys
While many aspects of divorce and child custody are negotiable for the parties involved, child support is usually not one of them. The state of California has very cut and dry guidelines for how support levels will be set in the divorce decree. These support levels can change as a result of changes in income and other factors, and an experienced lawyer can assist you in collecting the support you deserve.
At the San Diego law firm of Keen and Genochio, we provide our clients with straightforward advice and personal service in all child and spousal support matters. If you are currently going through the divorce process or your situation has undergone major changes, contact us today for a free initial case evaluation.
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We handle the full spectrum of child support and alimony issues for our clients, including:
The California courts must adhere to the Statewide Uniform Guidelines when entering orders for child support. The Guidelines take into account the following:
- Monthly net income of each party
- Monthly amount of child or spousal support being paid by non-custodial parent pursuant to a court order from prior relationships
- Health insurance paid by each party
- Mandatory retirement contributions.
- Required union dues
- The percentage of time each party spends with a child
- New spouse income for the purpose of the deducting the appropriate taxes from each party’s income
- Tax exemptions
- Schedule A deductions and Other allowable deductions
If a party receives allowances, the amount of the allowances are entered in the calculations as non-taxable income. This often creates higher child support orders for military members. However, in our experience the California Guideline orders are normally lower than the Federal standard applied by the military.
There are California guideline calculators available online for public use, but a calculation run by an attorney is often preferable due to the default settings hidden in certain programs.
Modifying and Enforcing Support
The main factors in how child support is determined include income and any existing co-parenting or child sharing plans. If one of the parent’s financial situation drastically changes, you may seek to have your support plan modified to fit your current situation. In cases of spousal support, factors such as education and work experience will be examined. If those factors change, the agreement may be eligible for modification.
If your ex-spouse fails to live up to the requirements of an agreement, we can help you ensure the agreement will be enforced to the full extent of the law. We can assist you in enforcing a judgment by garnishment of wages or a receivership. Sometimes a court can put a hold on a driver’s license to get the attention of a deadbeat spouse or parent. It is important to realize that you do have options. We are dedicated to making sure that you receive the support you deserve.
Contact us today to learn more about your options.