Child Support Attorney in Encinitas and Temecula
Child Support Information
For separating parents with children, securing an appropriate child support amount is of great importance.
In most families, following separation, there is no increase in income, but there is an increase in expenses as a single household splits into two. This reduction in funds creates challenges in making certain that children’s needs are met.
Despite the difficult financial circumstances, children need the stability that financial support can provide. Whether you are seeking or defending against a child support request, the Novack Law Firm makes certain that the appropriate analysis of the parents’ available funds or ability to earn is made, thus allowing for the greatest security for the children.
At the Novack Law Offices, Attorney Novack is a Certified Specialist in Family Law (certified by the Board of Legal Specialization of the State Bar of California) with decades of experience in helping families and individuals achieve their goals in family law
State Guidelines for Child Support Determination
Child support in California is controlled by state guidelines, which utilize a mandatory formula.
Courts are now using computer programs to implement the complicated guideline; the most popular of such programs are Disso Master and XSpouse.
In using these programs, factors such as the gross income of both parties and certain deductible expenses are entered into the formula to create a child support level.
Given the rigid nature of the guidelines, the primary influence exercised in calculating appropriate child support payments is in the determination of income. The Novack Law Firm’s extensive knowledge and experience in determining the true income substantially benefits our clients.
California has a statewide formula (called a “guideline”) for calculating how much child support should be paid. If parents can’t be in agreement on child support, the judge will make a decision on the child support amount based on the guideline calculation.
The Guideline Calculation Depends On:
- How Much Money The Parents Earn Or Can Earn
- How Much Other Income Each Parent Receives
- How Many Children These Parents Have Together
- How Much Time Each Parent Spends With Their Children
- The Actual Tax Filing Status Of Each Parent
- Support Of Children From Other Relationships
- Health Insurance Expenses
- Mandatory Union Dues
- Mandatory Retirement Contributions
- The Cost Of Sharing Daycare And Uninsured HealthCare
- Other Factors
Child support can also include the cost of special needs like:
- Traveling for visitation from one parent to another, Educational expenses; other special needs.
Enforcement of Child Support Orders
If you are not receiving the child support to which you have been court ordered to receive, there are ways you may be able to enforce the child support order.
The Novack Law Firm can assist you in seeking the enforcement, which may include the garnishment of the other parent’s wages or a contempt order that may put him or her in jail.
Not only is it important to ensure that the proper parent is paying child support, but it is essential that the child support is being paid according to the court order that was established. If it is not, there are many steps that can be taken to see that child support payments are being enforced.
Enforcement actions are those taken against the nonpaying parent in order to attempt to force him or her to pay child support as so ordered.
At the Novack Law Offices, Attorney Novack is dedicated to helping parents deal with all types of child support issues, including enforcement.
Attorney Novack can represent parents on either side of the issue: whether they are not receiving their payments or are the ones not making the payments that have been ordered.
Types of Child Support Enforcement
There are many different ways in which child support payments can be enforced, such as enforcement through:
Wage Garnishment: Child support payments are allowed to be withheld from the paycheck of the delinquent parent according to the Family Support Act of 1988.
Mandatory Coverage Under Health Insurance: A court order can be issued that states that the nonpaying parent must include the child or children on his or her health insurance plan in lieu of child support payments. The insurance payments are deducted from the parent’s paycheck.
Liens: It is possible to place a lien on a nonpaying parent’s real estate (such as a home or condo) and other assets (bank accounts, business equipment).
Driver’s License Implications: The Department of Child Support Services (DCSS) can also have the state driver’s license of the nonpaying parent suspended or revoked if support is owed. Reinstatement is only allowed once a payment plan has been established for the parent to get current on the child support payments.
Who Handles Enforcement?
Previously, the county district attorney used to be the one handling child support enforcement actions. However, they are now handled by the DCSS. Due to the large number of parents who are routinely delinquent in their payments, this organization, and the related counties, are more aggressively going after those who owe child support.