Child Support Archives

Life changes and child support modification

A California parent who has gone through a divorce and who has been ordered to pay child support may seek a modification for a number of reasons. An injury, losing a job, a change in household income or a change in marital status could all be reasons that result in the need for child support modification. It is important for a parent who needs a modification in child support to avoid procrastinating. Child support modifications are rarely retroactive, and back child support payments cannot be discharged in bankruptcy.

Dealing with requests for back child support

When California custodial parents are seeking child support payments, they may want to request retroactive support. They may need to provide evidence that support was not paid and that they attempted to collect it. If the other parent is the child's father, it may also be necessary to prove the father's paternity.

Modifying a child support order

Once a child support order is finalized in the state of California, both parents are required to follow the provisions regardless of changes in how the parents feel about each other. However, if a parent's financial circumstances have changed, they can potentially request to have the child support order modified.

Sherri Shepherd's ex-husband seeks increase in child support

California residents who have been following Sherri Shepherd's custody case may be interested to learn that her former husband, Lamar Sally, is fighting for more child support. The former couple has a son, now 2 years old, who was born via surrogacy after they separated.

Child support and single parents in California

Studies have shown that children are increasingly being born into single parent homes, and other research also indicates that a lack of resources may lead to significant problems for them. About 40 percent of children around the country are born to parents who are not married. While a small number of these parents will get married or otherwise live together, the majority of those children are raised by one parent.

Possible change in child support obligations for prisoners

While California already allows modification of child support payments if necessary for people who are incarcerated, the Obama administration is moving to make it possible for prisoners in all states to change their child support obligations when they are behind bars. This is part of the administration's overall efforts at prison reform.

Child support calculations are based on income

Like many other states, California uses the income shares model to calculate child support orders. If two divorced or separated parents cannot reach a child support agreement outside of court, a judge will calculate monthly child support payments using both parents' incomes, the number of children and the children's anticipated expenses.

Stevie J going to court for $1 million child support debt

California residents who are fans of musician Stevie J may have read that the "Love & Hip Hop: Atlanta" star will be going to trial for a child support issue. He reportedly owes back child support totaling $1.1 million for his 18-year-old son and 17-year-old daughter.

How child support is calculated in California

California Family Code Section 4055 sets forth child support guidelines that the court and the state's Department of Child Support Services must follow. The law also provides a mathematical formula for calculating child support amounts. The most important elements of the formula are the incomes of the parents, how much time they are responsible for their children and the number of kids involved.

When will my child support payments end?

Being a parent is a lifelong role. But it is also a role that changes constantly. Parental duties and responsibilities can shift considerably as a child grows and his or her needs change. Depending on the age of a child, a parent may need to be a provider, disciplinarian, coach, mentor, caretaker, cook, chauffeur, advocate, protector and financial adviser on any given day.

Gavin & Dersch Law and Mediation

Vista Office
630 Alta Vista Drive
Suite 210
Vista, CA 92084

Phone: 760-691-1763
Fax: 760-941-4425
Vista Law Office Map

Del Mar Office
12636 High Bluff Drive, Suite 400
San Diego, CA 92130

Phone: 760-691-1763
Fax: 760-941-4425
Map & Directions

Schedule Consultation

Contact our attorneys today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

  • 10 BEST 2016 | CLIENT SATISFACTION |American Institute of Family Law Attorneys
  • State Bar of California | California Board Of Legal Specialization

    Attorneys Paul Gavin and Wayne Dersch are certified as a family law specialists. Learn More