Orange County Child Support Lawyer

Orange County Child Support Attorney

California’s family courts have an interest in ensuring that children have access to adequate resources and stable home environments. Whether you are seeking child support or were notified that you may be paying monthly support payments, having legal representation from an Orange County child support lawyer can ensure that you are treated fairly throughout that process.

At Cianci Law, PC, our legal team understands the importance of setting child support correctly the first time around. We represent clients during child support hearings. Whether you are facing enforcement actions for unpaid arrears, seeking a modification, or requesting the courts to set child support, we can help you achieve your goals in court.

Why Choose Cianci Law, PC?

Our firm is dedicated to providing personalized and effective legal solutions for child support matters in Orange County. We understand the complexities involved in ensuring a child’s financial well-being and are fully committed to meeting your specific needs.

We take the time to understand your unique circumstances and offer solutions that address your legal challenges with care and precision. Whenever possible, we explore alternative dispute resolution methods, such as mediation, to resolve child support disputes efficiently and cost-effectively.

How Is Child Support Established?

Child support is typically established through the family courts. During a divorce, the courts will want to see that any children from the marriage are adequately provided for. One way this is done is by setting child support. California’s guidelines make no preference to gender when it comes to setting child support. The judge overseeing the case may consider numerous factors when setting child support, such as the following:

• Parent’s income, wages, and other financial resources
• Child’s needs (housing, food, clothing, education, and healthcare)
• Custody arrangement, including the amount of time the child spends with each parent
• Parent’s financial obligations, including existing financial responsibilities and debts
• Health insurance and medical expenses
• Standard of living of both parents so the courts can maintain the child’s standard of living

One significant factor is the custody arrangement. When one parent spends considerable time child-rearing, that disproportionately places a financial burden on one parent over the other. Child support can balance those financial obligations. The aim of child support is not to completely even the playing field, financially speaking, but to make it more fair.

There are situations where parents seek 50-50 parenting schedules. While these arrangements may make child support payments less necessary, a judge may still order child support if it serves the interest of the child or children involved in the divorce.

Once a judge sets child support, state agencies become involved. Child Support Services includes dozens of state agencies across California. The goal of this agency is to track child support payments and to oversee the monthly transfer of money in accordance with the child support order.

Enforcing Child Support

Once child support is set by the courts, it becomes enforceable. Child Support Services can track where the non-custodial parent works to ensure that their employer deducts child support monthly. Even if the non-custodial parent moves out of state, their place of work can still be tracked to ensure compliance with child support laws.

Another enforcement option is through the California family court system. If one parent falls significantly behind in child support, they can hire an attorney or work with their current attorney to file for enforcement. This process requires notifying the non-custodial parent of the court hearing. The parent seeking child support arrears must gather evidence to present to the judge.

Enforcement could result in a judge ordering the non-custodial parent to pay immediately or within a set period of time. Because failure to follow a court order is considered contempt of court, a judge may confine the non-custodial parent to jail until the arrears are paid in full or another requirement is met.

FAQs

Q: Can a Mother Cancel Child Support in California?

A: In California, a mother cannot unilaterally cancel child support because the order is typically court-ordered by a judge. Any modifications must go through the court. If circumstances change, such as the child becoming self-supporting or the parents’ financial situations altering significantly, either parent can file a request for a child support modification to the court for review and approval.

Q: Can I Get Back Child Support if I Never Filed for It in California?

A: In California, if you never filed for child support, you generally cannot retroactively collect it. However, you may still seek support by filing a petition with the court. If the court grants support, it may award retroactive payments back to the filing date or the date when the non-custodial parent was notified of the obligation.

Q: How Do I Enforce Child Support in CA?

A: You can enforce child support in California by hiring a family law attorney to represent you throughout the enforcement action. Enforcing a court order requires an attorney to collect evidence, draft and file the appropriate motion, and set a court hearing. The other parent must be notified about the court appearance so they can defend themselves.

Q: Does Child Support Automatically Stop at 18 in California?

A: Child support does not always automatically end at 18 in California. There are two common reasons why child support may extend beyond the child’s 18th birthday. One reason would be when the child is yet to graduate from high school. The other situation would be when the child is disabled. The standard termination for child support for a non-disabled minor is once they turn 18 and graduate from high school.

Schedule Your Orange County Child Support Consultation With Creative Family Solutions

Child support provides important resources for children when their parents no longer live together. If you are going through a divorce or seeking custody rights in Orange County, California, working with an attorney who understands child support laws can ensure that the courts award child support fairly and according to state guidelines.

Cianci Law, PC can represent you in court during your child support case to ensure your rights are protected and the courts understand your goals. Contact our office today to schedule your child support consultation.