Newport Beach Child Support Lawyer

Newport Beach Child Support Attorney

Family law is a wide area of the legal system that deals with many personal issues that occur between families. Most people prioritize their families and children and because of this, family law cases can become heated and emotional; when this happens, you need a Newport Beach child support lawyer, especially for issues directly affecting one’s children, such as child custody and child support in Newport Beach, CA.

Child custody and child support are ways that parents contribute to the upbringing of their children. The law requires that parents contribute relatively equal percentages of their income caring for their shared children. When child custody schedules are uneven, or when one parent makes vastly more than the other parent, child support is a way to ensure that both parents are contributing to the child’s life.

It is essential that you understand precisely what you are facing when going through a divorce or beginning child support negotiations under other circumstances. The smart way to navigate these claims is with the help of a child support attorney or family lawyer from Quinn & Dworakowski, LLP.

Quinn & Dworakowski, LLP: Your Newport Beach Child Support and Family Law Attorneys

Our team at Quinn & Dworakowski, LLP has been working in family law for many years. During our time in business, we have represented hundreds of clients in a variety of case types, giving us a wide range of experience and understanding of family law. This comprehensive understanding is rare in the family law sector and benefits our clients regardless of their case type. We are confident that we can represent you in your child support case.

We understand that child support is an emotional topic for many parents. Because of this, we offer legal counsel that is straightforward and honest as well as compassionate. You can trust us with your most valued asset: your family. We are here to listen to your story, empathize with your experience, and build a strong case in your favor. No other area law firm offers this level of care during their family law cases.

Our team at Quinn & Dworakowski, LLP is ready to begin building a case that benefits your lifestyle, your children, and your family’s future.

What Is Child Support?

Child support is a type of monthly payment that one parent pays to another parent. This payment is intended to help with the expenses of raising and caring for the child. When married parents divorce, or when unmarried parents decide to raise their children separately, a child support order can ensure that the child receives adequate financial support from both parents.

Child support is not necessary for all situations. Instead, it is a tool to equalize both parents’ contributions to the child’s upbringing. Child support is often required when one parent has most of the custody while the other has little or no custody. To compensate for their lack of hands-on help, the guardian with the lower amount of custody pays the child support to the custodial parent.

The court assesses each parent’s contribution as a percentage of their income. Because of this, child support may be necessary if both parents have equal custody, but one parent makes much more money than the other. Child support payments can help equalize the percentage each parent spends on their shared child. Other factors can also influence child support determination, and it is important to know what to expect when it comes to these calculations in Newport Beach.

How Child Support is Calculated in Newport Beach

California Family Code Section 4053 outlines child support laws in California. Child support is calculated based on what the court believes a child should receive in total support from both of their parents each month, accounting for the cost of living as well as the child’s specific needs.

The court also considers the share of income in these determinations. They will look at how much of each parent’s total income would be devoted to childcare expenses in making these determinations.

Each parent will need to submit complete and accurate financial records in a child support determination, including an Income and Expense Declaration. Any attempt to hide assets or obfuscate earnings in an effort to minimize support payments can lead to severe penalties. There are also special considerations made when a parent has nonstandard income, such as self-employment income, or if they are disabled and receive any type of public benefits.

Child custody also influences child support. When one parent has a greater share of physical custody, the court presumes this to cover their half of the child’s total support. The other parent will then pay child support monthly through an online portal managed by the Orange County Superior Court.

Every child support case is unique and may also be influenced by various factors. For example, high-net-worth parents can expect to pay more than the standard support to ensure the child can enjoy the benefits of their parents’ wealth. Child support assignments may also change over time. For example, if custody changes due to a parent’s relocation, it is likely to impact their support terms as well.

Negotiating Child Support in Court

Some people believe that they can come to a child support agreement between themselves and avoid getting the law involved. Although this may seem like an easy option, it is not recommended. There are many reasons why the court should be involved in your child support negotiations.

Primarily, the court aims to ensure that both parents are contributing equally to their child’s upbringing. If you come to an agreement outside of the court system, there is no way for the law to know that both parents are making contributions. This can cause further legal issues that most families can ill afford. When you go through the court, you can be sure that the child support amount is based on each parent’s income and the child’s needs.

When child support negotiations happen in court, the payments will also go through the state. This allows the government to monitor payment schedules and ensure that payments are made on time and in the correct amount. This protects all involved and creates a legal record of these payments for tax and other purposes. If a payment is late or does not happen, the law can take action against the delinquent parent. If you negotiate your child support agreement outside of court, there is no way for the law to enforce its terms. This means that either parent can break the agreement, and there is nothing that the court can do.

It is to your and your child’s benefit to go through the court system when negotiating child support. It’s possible for you and your coparent to negotiate child support privately, but you will need to submit the proposed agreement to the court for a final review and approval, so the support order is legally enforceable.

Failure to make child support payments in full and on time can lead to severe penalties, including fines, wage garnishment, asset seizure, or even incarceration. If you are unable to make a support payment, an attorney can advise you of your options. If you have concerns about your coparent violating your child support terms, consult a Newport Beach child support lawyer right away to discuss enforcement of your child support order.

Child Support Modifications

It is natural for circumstances to change over time. If your child support agreement is no longer a good fit for your family, you can file for a modification through the court system. The modification process allows the court to review the details of your case and determine if a change is appropriate. Some factors that may lead to a modification include the following:

• A change in income of one or both parents
• Loss of a job
• Changes in child needs
• Relocation
• Development of disabilities or medical conditions

You must make any changes to your child support agreement through the legal system. This ensures that your child support agreement is enforceable and that it serves your family properly. It is important to understand that a parent cannot voluntarily quit their job or otherwise alter their financial situation to eliminate their support obligation. If you suspect any such behavior from a paying coparent, consult your attorney right away.

When a parent petitions for modification to child support, the court must determine whether the proposed change is reasonable and aligns with the child’s best interests and financial needs. If the other parent recognizes the proposed change as both reasonable and necessary, they may agree without contest. Alternatively, they could dispute the proposed change in the modification hearing.

Child Support Termination

Though you can make changes to your child support agreement for a variety of reasons, ending it altogether is a different story. There are only a few ways that a child support agreement can be completely legally terminated, including:

• The paying parent gains full custody
• The child turns 18 or reaches the age at which the child support agreement ends according to its terms.
• The child passes away
• The paying parent passes away
• A stepparent adopts the child and agrees to assume financial responsibility instead of the paying parent.

There may be other unique circumstances that can alter or end a child support order. If you believe that your circumstances warrant child support termination, you should speak to a qualified family attorney from Quinn & Dworakowski, LLP.

FAQs

Q: When Should I Hire a Child Support Lawyer?

A: You should hire a child support lawyer as soon as you begin the divorce or child support negotiation process. Your lawyer should be involved in every part of the negotiation to ensure the ultimate agreement is legal and fair. If you seek child support from a parent who has previously been uninvolved or absent, hire an attorney before you speak to them directly. Do not begin any sort of negotiations without your attorney present.

Q: How Much Should a Father Pay for Child Support in California?

A: The amount that a parent pays for child support will depend on their income, the income of the child’s other parent, the child’s needs, and their portion of child custody. The average child support payment for a single child is $430 per month. However, many factors can raise or lower this amount. The gender of the parent is not a factor when determining child support; both fathers and mothers can pay child support.

Q: How Much Back Child Support Is a Felony in California?

A: If a parent consistently does not pay child support, they can be charged with a felony. This charge may occur if the parent owes $2,500 or more in child support payments. If a parent cannot pay a child support payment or needs to be late, they have resources available to them to help avoid felony charges. If they neglect these resources and simply fail to pay, they face fines, incarceration, and felony charges on their record.

Q: Why Do I Need a Child Support Attorney?

A: It is important to have legal representation during child support negotiations to make sure that the ultimate agreement is fair to everyone. Without an attorney, it is difficult to make the court see the reality of your situation, regardless of whether you are the paying or receiving parent. This can result in child support payments that need to be more sufficient or disregard key factors that should affect the amount.

Q: Is Child Support Always Necessary?

A: No. Child support is not always necessary. In situations where the parents make similar amounts of money and share custody, expecting child support payments is likely, not reasonable. These payments are intended only to make parental contributions more equitable. If both parents already contribute similar percentages of their incomes to the child’s upbringing, child support is unnecessary.

Contact Quinn & Dworakowski, LLP

Our team understands the stress, anxiety, and emotions that come with child support negotiations. Through our many years of experience in this area, we have gained a significant understanding of navigating child support and creating agreements that truly work for families. No matter what your circumstances may be, we have the resources and understanding to help you negotiate a child support agreement that benefits you and your children.

For more information, please contact Quinn & Dworakowski, LLP.