Experienced Family Law Attorney in North County San Diego
Child support in San Diego and North County is determined by application of the California guideline child support calculation. This is an algorithm that’s designed to be fair and provide a child with support and minimize the disparity between households. California guideline is based on several factors; the weightiest of which are the respective incomes of the parents and the time share that each parent has with the child expressed as a percentage in the calculation.
You can calculate child support by using the California “Guideline Calculator.”
Parties can agree to any amount of child support that meets the best interests of the child. The Courts in San Diego prefer using the guideline formula. Using a different amount can be difficult when it comes to getting judgments and orders through the courts. Mr. Johnson’s law firm is very experienced with obtaining and enforcing both guideline and non-guideline child support orders.
Estimating Child Support Payments
There are several pieces of information that will be needed in order to complete the estimated support in the Guideline Formula. These include:
- The Income’s for Each Parent. (W-2 forms, pay stubs, and tax returns)
- The Parenting Plan Schedule (The amount of time each child will spend with each parent)
- The Number of Children and Dependency Claims
- Common tax deductions: mortgage interest, property taxes and health care expenses
- Contributions made to Retirement Plans
- Hardship situations and other Court ordered Child Support for Children from Another Relationship
- New Mate Income “NMI”
The Courts have limited discretion over what may have been normal expenses for children while married such as, piano lessons, sports activities, travel costs, private school tuition, and other regular extracurricular activities. These normally cost a lot and are not considered in a guideline calculator. It is important to seek the advice of a seasoned California Family Law Certified Specialist on these issues. Andrew Johnson has more than 15 years of experience in these matters and can help you to work through the issues that are unique to your child support situation in order to estimate how much child support will be paid and by whom.
Post Decree Changes to Child Support
After a court order or divorce decree is issued there needs to be a change in the circumstances regarding the parties, incomes, tax filings or the actual custody of the children to affect a modification of child support in San Diego. Unfortunately, there is no automatic way to adjust child support under the current California system and a motion most be filed or agreement made in order to change the child support.
Contact an Experienced San Diego Child Support and Family Law Lawyer
The issues surrounding child support can be legally quite complex, and it is important to seek the advice of an experienced family law attorney. Andrew Johnson is a California Certified Family Law Specialist, and has more than 15 years of experience guiding parents through issues related to child support in San Diego. If you are concerned about existing support orders and want to seek a change, or if you are going through the process of a divorce and have questions about child support we invite you to contact our office or call (760) 639-0187 to schedule an appointment.