Assisting With All Issues Regarding Child Support

The experienced family law attorneys at Trabolsi & Levy, LLP, understand that child support is a major concern of many parents after the end of a relationship. Whether being asked to pay support or attempting to contest a support request, it is important that you know how the process works to understand the impact it may have on your case.

California law requires both parents to support their children. Child support is payable until a child reaches the age of 19, reaches the age of 18 and is no longer a full-time high school student, dies, marries or becomes emancipated. The amount of child support a parent pays is based upon a complex mathematical formula. Usually, a computer program is used to calculate guideline child support. Some of the factors the courts consider are:

  • Father's gross monthly income
  • Mother's gross monthly income
  • Number of children
  • Location of the children if one parent is the primary caretaker
  • Amount of time the parent with visitation rights actually spends with the children
  • Other incomes, including undeclared gifts or cash
  • Child care and educational expenses
  • Medical insurance premiums for the children
  • Travel costs for visitation

While child support is primarily driven by a formula, it can still be a contentious issue in divorce, particularly when there are questions about true income. The role of an attorney is to make sure that support is fair and based on accurate data. Our lawyers strive to make sure that the child support calculation reflects the complete picture of the parties' financial situations.

For example, we may need to determine the actual income of a spouse who is self-employed or paid in cash. We may work with a forensic accountant to help calculate the accurate income or uncover a source of income not reported to the court. We may need to calculate an average income if a spouse's income fluctuates seasonally or year to year.

If a parent is not working, but is capable of working to earn money, it may be necessary to impute income to that parent based upon their ability to earn. The parent who claims that the other parent has the ability to earn or is "under-earning" must show the court what the other parent could be earning. The use of vocational evaluation experts can be helpful in this area.

Once we have an accurate gauge of income and the other statutory factors of the child support calculation formula, our attorneys can give clients an honest assessment about the child support payment they can expect to pay or receive.

Learn More About Your Child Support Case

If you would like to discuss your case and receive a detailed review of what we can do to help, please call our Los Angeles office at 310-453-6226 or send us an email using the contact form on our website.