Costa Mesa
Child Support Lawyer

At the Law Offices of Lisa R. McCall, our team understands not only the difficulties of ending a marriage or relationship, but also the importance of child support. For many who are instructed to pay, they may feel it is unfair and that they are providing their ex with additional money. Child support, however, ensures that the child shared by both parties is adequately provided for. The negative feelings around these payments can often lead to significant complications.

What Is Child Support?

In California, child support is the amount of money that a noncustodial parent is ordered to pay to the custodial parent monthly. This money is intended to be used for the child’s living expenses and assist in paying for necessities like food, clothing, medical care, and shelter. Every child support agreement is going to be different, as every divorce case is different. The court must consider, above all else, what is right for the child in question.

To calculate child support and determine which parent will receive primary custody, the court has to take many different factors into consideration. These factors include the amount of money each parent makes per month, the way they file their taxes, and the amount of time they spend with their children.

The Child Support Process in California

Before you can start the California child support process, you should consider reaching out to an experienced California child support lawyer to understand what you must do for your specific case. If you already have a court order for child support and you need it enforced, you will need to open a case with Child Support Services before you do anything else. In any other case, here are the steps you need to take in your child support process:

• Enroll in child support. If both parents are considered the child’s legal guardians, then either parent may be allowed to enroll in Child Support Services. If you have a court order that is forcing you to pay child support, Child Support Services can assist you with virtually every step of the process and help both parents stay focused. If you don’t have a court order, they can help you locate the other parent and get a court order.
• Locating the parents. Before you can obtain a court order for child support, the court needs to be able to locate both parents. There are never any guarantees that they will be found, and sometimes, there may be very little information to go on. The more information you have, such as a Social Security number or a birthdate, the easier it can be to find them.
• Summons and complaints. Once the noncustodial parent is found, they will be given a Summons and Complaint packet by the court. This is the official notice that they have been named in a child support case and will likely be ordered to pay child support. They will have 30 days to respond to the claim or the judge presiding over the case will order a default child support order that totally disregards the parent’s financial situation.
• Establishing parentage. If you have been served the Summons and Complaint but do not believe you should be legally responsible for the child in question, you have the right to establish parentage. Child Support Services will assist you with this without charging you. Establishing parentage will either consist of a DNA test to prove a blood relation or proof that the parents were legally married when the child was born.
• Stipulated agreement. If you want to avoid a lengthy court battle, you may have options. Certain local agencies may allow both parents to meet with a caseworker, either together or separately, to discuss the options you may have. If both parents can agree on an amount and a plan, you will sign a document that becomes a “stipulated agreement.” This is then filed by the court.
• Court date. If you and your former partner are not able to reach a stipulated agreement, then the case will go to court. The judge presiding over the case will review the financial information from both parties and decide on the appropriate amount of child support that will be paid to the custodial parent. The judge will take each parent’s requests into consideration, but they don’t have to.
• Enforcement. It is important to remember that a child support order is a legally enforceable court order. If a parent refuses to abide by the order or delays paying their due child support, they may face considerable consequences from the court. Those consequences can include a suspension of their driver’s license, a lien on their property, interception of tax refunds, and unpaid court orders, which will be charged 10% interest.
• Closing the case. A child support case may close for many reasons, with the usual one being the child in question has turned 18 years old and is now considered a legal adult. If a total amount is agreed upon and the balance has been paid off, the case may also close. When a case is closed, both parents are notified by the agency and all records are maintained for at least four years.

Costa Mesa Child Support Lawyer

Going through the child support process alone can be overwhelming and confusing. You may be unaware of which forms to fill out, when to file them, or who to talk to. Through it all, you may be taken advantage of by various parties. A Costa Mesa child support lawyer can help you figure out your options and make sure you fulfill the process correctly.

Whether you are just beginning the process of establishing child support or looking to modify a current order, the legal team at the Law Offices of Lisa R. McCall is here to put legal knowledge and experience on your side. We can help you determine a course of action you are comfortable with and make sure your interests are protected throughout the course of your case. Contact us to speak with a valued team member about a consultation to discuss your case.