Need Help With Child Support in Los Angeles?

Child support ensures that children receive financial support from both parents, regardless of custody arrangements. The Law Offices of Seth C. Bowen provides knowledgeable representation for all aspects of child support, including initial support orders, modifications, enforcement, and disputes over support calculations.

Whether you’re seeking support for your children or concerned about paying an unfair amount, the firm helps you understand California’s child support guidelines and works to achieve appropriate support orders. The Law Offices of Seth C. Bowen serve families throughout Los Angeles and surrounding communities.

Child Support Lawyers Who Understand What’s at Stake

The Law Offices of Seth C. Bowen recognizes that child support affects both your children’s well-being and your financial stability. The firm approaches every child support case with attention to accuracy, fairness, and your family’s specific circumstances.

From calculating proper support amounts to addressing changes in income or custody, you’ll receive clear guidance about your rights and obligations under California law. The firm works to resolve child support matters efficiently while protecting your interests.

How Is Child Support Calculated in California?

California uses a statewide guideline formula to calculate child support. This formula considers several factors to determine a fair support amount.

Key factors in the calculation include:

• Each parent’s gross income
• The percentage of time each parent has physical custody
• Tax filing status
• Deductions for other children or support obligations
• Health insurance costs
• Mandatory retirement contributions
• Union dues
• Childcare costs related to employment

The formula is designed to ensure children receive appropriate financial support while leaving both parents with enough income to meet their own reasonable needs.

What Income Is Considered for Child Support?

California has a broad definition of income for child support purposes. Income includes more than just wages or salary.

Types of income that count toward child support:

• Wages, salary, and overtime
• Bonuses and commissions
• Self-employment income
• Rental income
• Dividend and interest income
• Retirement and pension payments
• Social Security benefits
• Disability payments
• Unemployment benefits
• Workers’ compensation benefits
• Spousal support from a previous relationship

The court can also consider earning capacity, not just actual income. If a parent is voluntarily unemployed or underemployed, the court may base support on what they could earn rather than what they’re currently earning.

Understanding Income for Self-Employed Parents

Calculating child support becomes more complex when a parent is self-employed. Self-employment income requires careful analysis of:

• Gross business receipts
• Legitimate business expenses
• Personal expenses run through the business
• Depreciation and other tax deductions
• Cash flow versus reported income
• Business assets and loans

The Law Offices of Seth C. Bowen has experience evaluating self-employment income to ensure accurate child support calculations, whether you’re self-employed or dealing with a self-employed co-parent.

Additional Child Support Considerations

Beyond the guideline calculation, child support orders may address additional expenses:

• Health Insurance

• • • The parent providing health insurance for the children receives credit in the support calculation. If neither parent provides insurance, the cost of coverage may be added to the basic support obligation.

• Childcare Costs

• • • Work-related childcare expenses are typically shared between parents in proportion to their incomes. These costs are factored into the support order.

• Educational Expenses

• • • While private school tuition isn’t automatically included in support orders, parents can agree, or the court can order contributions to educational expenses beyond public school.

• Extracurricular Activities

• • • Costs for sports, music lessons, summer camps, and other activities may be addressed in child support orders, either as add-ons to basic support or through agreements about sharing these expenses.

• Medical and Dental Expenses

• • Uninsured medical and dental expenses are typically shared between parents. Support orders specify how these costs will be divided and reimbursed.

How Long Does Child Support Last?

In California, child support obligations typically continue until:

• The child turns 18 and graduates from high school (support ends on whichever occurs later)
• The child turns 19 (if still in high school full-time)
• The child gets married
• The child joins the military
• The child becomes emancipated
• The child dies

If a child has special needs and cannot support themselves, child support may continue beyond age 18.

For families with multiple children, support typically steps down as each child reaches the age when support terminates.

Child Support Modifications

Child support orders aren’t permanent. When circumstances change significantly, either parent can request modification of support.

Common reasons for child support modifications:

• Significant change in either parent’s income
• Job loss or career change
• Changes in custody or parenting time
• Changes in childcare costs
• Changes in health insurance coverage
• Birth of additional children
• Changes in a child’s needs

To modify support, you must show a substantial change in circumstances since the last order. The Law Offices of Seth C. Bowen can evaluate whether you have grounds for modification and guide you through the legal process.

What Constitutes a Significant Change in Circumstances?

Not every change justifies modifying child support. California courts look for substantial, material changes that weren’t temporary or anticipated when the current order was made.

Changes that may warrant modification:

• Income increase or decrease of 20% or more
• Involuntary job loss (not due to misconduct)
• Disability affecting earning capacity
• Substantial change in custody time (at least 20%)
• Changes in mandatory expenses, like health insurance

Temporary changes, like short-term unemployment followed by reemployment at similar wages, typically don’t justify modification.

Child Support Enforcement

When a parent fails to pay court-ordered child support, California provides several enforcement mechanisms.

Enforcement options include:

• Wage Garnishment

• • • The most common enforcement method involves automatic deduction of support from the paying parent’s wages. Employers must comply with wage garnishment orders.

• Liens and Property Seizure

• • • The court can place liens on property or order seizure of assets to satisfy unpaid support.

• Tax Refund Intercepts

• • • Federal and state tax refunds can be intercepted to pay child support arrears.

• License Suspension

• • • Driver’s licenses, professional licenses, and recreational licenses can be suspended for failure to pay support.

• Passport Denial

• • • Parents owing substantial support arrears may be denied passport services.

• Contempt of Court

• • • Willful failure to pay support can result in contempt findings, including potential jail time.

• Credit Reporting

• • Unpaid child support can be reported to credit bureaus, affecting credit scores.

The Law Offices of Seth C. Bowen helps custodial parents enforce support orders and assists paying parents facing enforcement actions to address their obligations appropriately.

Dealing With Child Support Arrears

If you’ve fallen behind on child support, arrears (past-due support) don’t go away. Interest accrues on unpaid support at 10% per year.

Options for addressing arrears:

• Payment plans to catch up over time
• Lump-sum payments when possible
• Modification of current support to include arrears payments
• Showing grounds for reducing or eliminating arrears (rare and requires meeting strict legal standards)

The Law Offices of Seth C. Bowen can help you develop a plan to address support arrears while managing your current financial obligations.

What If I Can’t Afford Child Support Payments?

If you’re struggling to pay court-ordered support, don’t simply stop paying. This creates legal problems and growing arrears with interest.

Instead:

• File for modification immediately if circumstances have changed
• Communicate with the other parent if possible
• Continue paying what you can
• Seek legal advice about your options
• Document the reasons for financial hardship

The court cannot modify support retroactively to before you filed your modification request, so acting quickly protects you from accumulating unnecessary arrears.

Child Support and Custody Changes

Child support and custody are connected but separate issues. The amount of time each parent has with the children affects support calculations, but custody changes don’t automatically change support orders.

If custody arrangements change significantly, you should seek modification of child support to reflect the new parenting time. Similarly, changes in support don’t affect your custody rights or parenting time.

Never withhold visitation because support isn’t being paid, and never withhold support because of visitation disputes. These are separate issues requiring separate legal remedies.

Temporary Child Support Orders

During divorce or parentage proceedings, courts can issue temporary child support orders that last until final orders are entered. These temporary orders ensure children receive support while the case is pending.

Temporary support orders follow the same guidelines as permanent orders, but can be issued more quickly based on income declarations rather than complete financial discovery.

High-Income Child Support Cases

When parents have high incomes, child support calculations can exceed what’s needed to meet children’s basic needs. California law recognizes this and allows courts to deviate from the standard formula in high-income cases.

For high earners, courts consider:

• The actual needs of the children
• The standard of living the children would have enjoyed
• Whether guideline support exceeds the children’s reasonable needs

The Law Offices of Seth C. Bowen has experience with high-income support cases and can present appropriate arguments, whether you’re seeking support or concerned about excessive support obligations.

Child Support and New Relationships

When parents form new relationships or have additional children, questions arise about how this affects existing support obligations.

Key points about new relationships and support:

• Your new partner’s income generally doesn’t affect your support obligation
• Having children in a new relationship doesn’t automatically reduce support for existing children
• Your new spouse’s income could affect your ability to pay if you face hardship
• Supporting stepchildren doesn’t excuse you from supporting your biological children

The Law Offices of Seth C. Bowen can help you understand how new family circumstances may or may not affect support obligations.

Child Support Tax Considerations

Child support has specific tax treatment that differs from other types of support:

• Child support is not taxable to the recipient
• Child support is not tax-deductible for the payer
• Child support is separate from claiming the child as a dependent
• Only one parent can claim the child as a dependent each year
• Parents can agree who claims tax dependency, or the court can order it

Understanding tax implications helps you evaluate the true cost of support obligations and the true benefit of support received.

Imputing Income for Child Support

When a parent is voluntarily unemployed or underemployed, courts can “impute” income, meaning they calculate support based on earning capacity rather than actual earnings.

Courts may impute income when a parent:

• Quits a job without a good reason
• Takes a lower-paying job to avoid support obligations
• Refuses to seek employment
• Works fewer hours than capable of working
• Have job skills not been utilized

The court considers education, work history, job opportunities, and the local job market when determining earning capacity.

The Law Offices of Seth C. Bowen can present evidence about earning capacity when appropriate or defend against improper income imputation.

Child Support and Business Owners

Parents who own businesses face special considerations in child support cases. Issues include:

• Distinguishing personal expenses from legitimate business expenses
• Evaluating the actual income available from the business
• Considering business assets and cash flow
• Addressing undistributed business income
• Analyzing business tax returns

The firm works with financial experts when necessary to present accurate pictures of business income for support calculations.

Retroactive Child Support

Under certain circumstances, courts can order retroactive child support for periods before a support order was filed.

Retroactive support may be ordered:

• When paternity is established after a child’s birth
• When a parent failed to disclose income
• When a previous order was based on incorrect information
• When jurisdictional issues delayed filing

However, courts cannot order retroactive support for periods before the child was born or before paternity could have been established.

Child Support Agreements

While California uses guideline calculations for child support, parents can sometimes agree to different amounts. However:

• Any agreement must still meet the children’s needs
• Courts scrutinize agreements for different amounts
• Agreements for less than guideline support are rarely approved
• Agreements for more than guideline support are acceptable
• All child support agreements must be court-ordered to be enforceable

The Law Offices of Seth C. Bowen can help you negotiate child support agreements and ensure they’re properly documented and approved by the court.

Why Choose the Law Offices of Seth C. Bowen for Child Support Matters

When you need help with child support, the Law Offices of Seth C. Bowen offers:

• Thorough understanding of California child support guidelines
• Experience with complex income analysis
• Knowledge of Los Angeles County procedures
• Strategic approach to support calculations and modifications
• Strong advocacy in support of disputes
• Clear explanations of your rights and obligations
• Personalized attention to your financial circumstances

The firm serves clients throughout Los Angeles and the surrounding areas.

Schedule Your Free Consultation

If you have questions about child support, whether you’re seeking support, facing a support obligation, or need to modify an existing order, don’t wait to get legal guidance.

The Law Offices of Seth C. Bowen offers free consultations to discuss child support matters. During your consultation, you’ll receive straightforward information about support calculations, your rights, and how the firm can help.

Call (805) 222-6766 or visit https://sethbowenlaw.com/ to schedule your free consultation today.

Office: 19318 Ventura Boulevard, Suite 102, Tarzana, CA 91356

Frequently Asked Questions About Child Support

• Can I waive child support?

• • • Parents cannot waive child support entirely. Child support is the right of the child, not the parent. Courts must approve any child support agreement and will not approve agreements that don’t meet the children’s needs.

• What if my ex won’t provide income information?

• • • If your co-parent refuses to provide income information, your attorney can use legal discovery methods to obtain financial records, including subpoenas to employers and banks.

• Can I reduce child support if I have more children?

• • • Having additional children doesn’t automatically reduce support for existing children. However, it may be a factor in evaluating your ability to pay if you seek modification based on changed circumstances.

• Does child support cover college expenses?

• • • Basic child support typically ends when the child finishes high school. College expenses are separate. Parents can agree to share college costs, but courts cannot order parents to pay for college in California.

• What if my ex’s new spouse has a high income?

• • • Your ex’s new spouse’s income generally doesn’t affect child support calculations. However, it might be considered if your ex is claiming inability to pay existing support obligations.

• Can child support be taken from my unemployment benefits?

• • • Yes. Child support can be deducted from unemployment benefits and most other forms of income.

• What if I lose my job?

• • • File for modification immediately. Continue paying what you can. Child support cannot be modified retroactively before you file your modification request.

• Can I go to jail for not paying child support?

• • • Yes, willful failure to pay child support can result in contempt of court findings and potential jail time. However, courts distinguish between inability to pay and refusal to pay.

• How do I stop child support when my child turns 18?

• • • File a request to terminate support when your child reaches the age when support ends. Support doesn’t stop automatically; you need a court order.

• What if my income is irregular?

• • Child support can be based on average income over time, seasonal income patterns, or other methods of evaluating irregular income fairly.

Contact the Law Offices of Seth C. Bowen

Get the legal representation you need for your child support matter. Protect your rights and ensure appropriate support for your children.

Call (805) 222-6766 for your free consultation today.