Costa Mesa Child Support Lawyer

Costa Mesa Child Support Attorneys

Child support disagreements can be heated, emotional, and extremely stressful for all parties involved. This is one of the many reasons why having a seasoned Costa Mesa child support lawyer on your side is so important. At Minyard Morris (formed over 48 years ago), we understand just how difficult these cases can be and how, in many situations, negotiations might not be possible. That is why it is vital that you seek an experienced advocate like the 20 family lawyers at Minyard Morris.

In California, parents have a duty to protect and provide for their child’s needs until that child is no longer considered a minor or when the child is disabled or has special needs for the child’s entire life. Regardless of marital status, this responsibility is still obligated by the state. If you believe you are entitled to child support as the custodial parent or believe you are paying too much as the individual paying the child support, we are ready to fight for you.

Our firm is dedicated to top-tier service in many areas of family law, including child support, and we have a deep understanding of the applicable laws. With this knowledge and over 300 years of collective experience, we can help ensure that a fair and favorable financial amount is provided in order for your rights to be protected as both an individual and a parent and for your child’s needs to be taken care of.

How Child Support Is Determined in Costa Mesa

When parents cannot agree on child support agreements themselves or negotiate an agreement through their attorneys, there will arise a need to go to court and have the presiding judge make a determination of fair child support for you. In California, when a judge works to calculate a fair amount of child support in a divorce, legal separation, paternity issue, or modification, they will typically look at the following elements:

• The income of the parent, including the net disposable and passive income. Net disposable income is any income that is left over following taxes and any required health premiums and tax retirement contributions. Likewise, the courts can take into account any forms of passive income, including rental properties, commissions, stocks, pension plans, workers’ comp benefits, or unemployment benefits you may receive.
• Any possible deductions to your income, including child care expenses, mandatory retirement, property taxes, mortgage interests, health insurance, mandatory union dues, and any other child support or spousal support that has already been ordered.
• The percentage of child custody each parent has. In many cases, child support amounts will be calculated after a child custody arrangement has been ordered. In most situations, the less time a parent spends with his or her child, the more they will most likely have to pay in child support.
• The child’s current standard of living is another thing taken into consideration by judges when making child support rulings. California is unique in this consideration, and it might be ruled as unfair should the child live a different lifestyle with one parent as opposed to the other, especially in cases where the only difference is the amount of financial support each parent has access to.

It is vital that you have an attorney on your side during a child support case to ensure that an ex is not taking advantage of you, no matter what side you are on and that the support amount ruled on is both fair to you while still providing for the needs of your child.

Reasons to Seek Child Support Modification

At Minyard Morris, we are ready to advocate for your rights above all else. That being said, there may come a time when you wish to seek a modification to your child support order, whether you are the paying parent or the receiving one. However, not anyone can seek a modification for simply any reason. There are only a very specific few scenarios that allow individuals to pursue a support modification. These scenarios can include:

• A change in child custody orders.
• A change in income for either parent by way of both raises and demotions.
• A job loss for either parent.
• An injury or illness suffered by the child which causes their needs to increase.
• An injury or illness suffered by either parent that affects their financial position.
• Any other hardship that you can prove has affected your financial position either as the paying parent or the receiver.

FAQs

Q: What Are Some Forms of Evidence Necessary in a Child Support Case?

A: When a child support case is contested and must be officially ruled on by a judge, there are several forms of evidence you will want to bring with you to court in order for the judge to determine your income and, therefore, how much support you should pay or receive. These include paystubs, W-2 forms, tax returns, expense declarations, and income declarations.

Q: What Are Some Examples of Child Support Add-Ons?

A: In some cases, the judge may order that certain add-ons be made to a child support order. There are two forms of add-ons possible: mandatory, or add-ons that a court must order, and discretionary, or add-ons the courts may require at their discretion. Mandatory add-ons can include childcare expenses and uninsured health costs, while discretionary add-ons can include travel costs for visitation and educational costs.

Q: What Exactly Does Child Support Cover?

A: It is vital to keep in mind that child support can go beyond the coverage of the child’s basic necessities, such as food or clothing. It can also cover other expenses such as medical bills, education costs, entertainment costs, after-school or extracurricular activities and their expenses, college tuition and related costs, and expenses involved in travel or transportation.

Q: What Happens When a Parent Is Self-Employed?

A: When one of the parents involved in a child support case is self-employed, this can add a layer of complexity and difficulty to the case. Their income will become a vital part of the discussion on exactly how the support will be paid. This is another reason why it is so essential that you hire an experienced family law attorney who can help you through the difficulties of child support when self-employed.

It’s Time to Work With an Experienced Child Support Attorney

At Minyard Morris, we pride ourselves on offering quality legal representation and fierce advocacy for all our clients. When you walk through our doors, you won’t be getting a single attorney for your case but an entire team with the knowledge and experience you need to ensure a favorable case outcome. Contact us today to schedule your initial consultation.