Orange County Child Support Lawyer

Cases regarding child support in Orange County can be extremely complex and often require the legal support and guidance of a professional attorney. At Minyard Morris, we understand that you only wish to provide for your child following a divorce or other family law matter and we take the best interests of your child to heart when protecting your parental rights. Let an Orange County child support lawyer from our team fight and advocate for your interests.

Since our inception in 1977, Minyard Morris has been singularly focused on the specialized realm of family law, proudly serving Orange County. Renowned for our relentless dedication to excellence and compassionate advocacy, we have established ourselves as the premier choice for family law services in Orange County. Our firm boasts an impressive team of 20 family law attorneys, who together bring over 350 years of dedicated legal experience to bear on behalf of our Orange County clients. Our lawyers have specialized training in representing clients in child support matters.

Our steadfast commitment has earned us an unparalleled reputation among peers, judicial officers, and the community, marking us as a pillar of reliability and success in the legal profession and the ‘go to’ Orange County family law firm.

What Can Orange County Child Support Cover?

When seeking child support in Orange County, it is essential to know exactly what this support can cover. At Minyard Morris, we understand that success in a child custody case requires more than just legal knowledge and demands action so that you can obtain coverage of certain expenses regarding your children. These expenses can include:

Insured or uninsured medical expenses of the child.
Education expenses such as tuition or textbooks for the child.
The travel or transportation of the child.
Certain entertainment expenses for the child.
Potential college tuition and other related expenses.
After-school activities or the extracurriculars engaged in by the child.

When you work with the team at Minyard Morris, we can help determine exactly what needs to be covered by potential child support and how you can calculate this for your unique situation. These calculations are often complex and require assistance and an attorney’s legal knowledge.

More Than Just A Computer Algorithm

Child support is a complex area of family law and is significantly more involved than simply inputting the incomes of the parties into a computer program and pressing enter. Child support is ordered on a temporary basis and is ordered at the Request For Order (RFO) stage. Post-judgment support is ordered at the trial. Here is an explanation of the process:

Software programs dictated by the California Legislature generate guideline child support. The computer program generates the guideline child support based on the income of the parties, time share, certain deductions and many other factors. Income includes salary commissions, royalties, rents, government benefits, annuities and vested stock options, among other sources.
Items such as inheritances, personal injury awards, student loans, life insurance proceeds and capital gains are generally not considered income.
A family court may order a party to pay for additional expenses referred to as “add-ons” that may be paid in full by one party or divided between the parties in equal or unequal shares. Add-ons may include such things as childcare, activity costs, school costs, travel costs, health insurance premiums and medical costs not paid by insurance. The courts may also order the parties to pay disproportionate shares of health costs.
A family court cannot order that a parent pay a portion of the guideline child support into an educational trust for the child’s future college tuition.
A California family court may order a base level of child support and a supplemental payment based on any additional income received over the base salary. This supplemental payment is referred to as an Ostler-Smith payment.

Choosing the Right Orange County Child Support Lawyer

Selecting a family law attorney is a profound decision that significantly influences your future. We urge you to conduct thorough research rather than simply accepting a referral from a friend, co-worker or neighbor. Assess our credentials and client testimonials and compare them to others. The “right” attorney for you should resonate with your unique case needs and personal goals.

If results are crucial to you and your child, due diligence is essential. The outcome of your child custody case is critical to you, and the way your case is presented to the judge may determine the outcome. The objective is not to retain a child support lawyer, it is to retain the “right” child support lawyer for you.

When you choose a child support attorney, you are also selecting a lawyer who should also serve as your trusted advisor to support you through this challenging time.

Ensuring Financial Support for Your Child

Determining the correct dollar amounts for some of the factors that determine guideline child support may be complex. For example, the court may need to calculate a representative period of past earnings to determine the most probable future income for a party, decide how to treat fluctuating income, a job loss, phantom income, business losses, business sales proceeds or payment of principal on a business loans.

Regardless of what the court ultimately awards, the amount of child support is not a permanently fixed amount. It is always modifiable. You may always seek a modification to child support if there has been a material change in circumstances since the date of the last order.

Understanding Child Support Matters Filed in Orange County

Navigating child support is complex and emotionally demanding. Our primary objective is to help you transition from being a client to a former client, through the successful resolution of your case. We place your children’s welfare at the forefront, aiming to secure custody and visitation arrangements that reflect practical solutions and align with your objectives.

Child support is a paramount concern for our Orange County clients. A responsive and detail-oriented collaboration with your attorney, sharing all pertinent facts, is crucial. Withholding negative aspects does not eliminate them. It’s imperative to disclose the good, the bad, and the ugly so that we are fully prepared to address all issues in your child custody matter.

Judges often lean towards 50/50 custody orders. However, presenting facts that demonstrate why such an arrangement is not in the best interest of the child is essential for obtaining a different outcome. Evidence of poor parenting, risky behaviors, or actions that compromise a child’s safety can influence the court’s decision.

Strategic concerns are paramount to maximizing the odds of achieving the desired outcome in a child custody case. Retaining a child support lawyer at the earliest possible opportunity is critical. You need to be advised what type of conduct is helpful or detrimental in the eyes of a judge when presiding over a child support case.

It is critical that the lawyer and the client are partners in child support cases, which makes it critical for a client to understand the playing field and dynamics of child support litigation. Clients need to understand things like a 730 child support evaluation and the pros and cons of engaging in such an evaluation in a case with the specific facts of your case.

A client needs to understand the options when the other party is alienating the child or gatekeeping. It is also imperative, in the right case, to understand the option of monitored or supervised visitation. If there is the possibility of a move by one parent with the child out of the area, that issue needs to be strategized early in the case.

When to Seek Modifications to Existing Child Support Orders

Following a court order for child support, there may arise the need for modification to this order in the future. You can seek this modification either as the custodial parent who is receiving the child support payments or as the non-custodial, paying parent. At Minyard Morris, we have the tools and resources necessary to assist with either side of the modification. The most common reasons child support modifications are sought in Orange County include:

The loss or gain of new employment.
A change in income, either in the form of a raise or reduction.
The diagnosis of an illness or injury, either for the child or for the parents would affect finances in a multitude of ways.
Changing needs of the child such as healthcare, education, or transportation.

When Can You Modify Child Support?

The family law court will consider increasing or decreasing child support obligations if one party undergoes a material change in circumstances since the date of the most recent support order. The court may consider modifying child support if there has been:

An increase in the income of either party
A decrease in the income of either party
A change in the child custodial timeshare

Changes do not automatically result in a modification of child support. For example, a parent may lose his or her job, but still have sufficient income from investment dividends or a severance agreement to continue child support payments. Child support duties do not terminate when one or both parents remarry. The number of children or dependents a parent has can affect the amount of child support.
When you need to either request or argue against a modification of your current child support order, rely on Minyard Morris We offer extensive experience exclusively focused on Orange County’s family courts, as well as a stellar reputation in the legal community.

The Modification Process

Although the family law court may always modify a child support order, it may only modify it retroactively to the date that the party seeking modification filed and served a Request For Order (RFO). In other words, the court may not retroactively modify a child support order to a date before the other party is served with a request to modify support that was filed with the court. The parties may not bind the family law court to a specific standard of review or limit the court’s ability to modify a child support order.

What if The Parties have Already Made an Agreement?

The parties may agree to any level of child support they choose. However, such an agreement is not binding on either parent, or the divorce court. In addition, a child support order that clearly states that it is non-modifiable is still modifiable.

In other words, the parents can agree to a child support order that is below the guideline level and further agree that they will not seek to change the child support amount. Even with such an agreement, the parent receiving child support may petition the divorce court the next day for a modification of child support to increase child support to the guideline level, and that request would be granted. A child support order that is below guideline child support may be modified to the guideline number, without a change in circumstances.

Seek Legal Guidance

Our team of 20 divorce attorneys understands that the intricacies of child support modifications. When you need an advocate to work on your behalf, contact our office in Newport Beach to schedule a consultation. You may call 949-724-1111 or contact us online.

Why Choose Us?

Experience and Expertise:With nearly five decades of handling thousands of child support cases, our attorneys offer deep expertise and unwavering commitment to each client.
Reputation and Respect:Our firm’s integrity and dedication to excellence have garnered immense respect within the legal community and among our clients in Orange County.
Personalized Attention:We ensure that you feel supported and informed at every step, providing compassionate and tailored guidance.
Community Focus: Deeply embedded in Orange County, and exclusively practicing within its jurisdiction, we are well-versed in local court procedures and practices. When changes occur in the courts, we are among the first to know about them.

FAQs About Child Support Law in Orange County,CA

Do I Need a Lawyer for Child Support?

While having an attorney on your side throughout the process of obtaining child support is not required under California law, it can be essential in securing monetary support for your child. An attorney, like the professionals at Minyard Morris, can offer fierce advocacy to help ensure you gain this necessary support and assist you in protecting your interests as a parent.

How Can I Pursue Child Support Modification?

In order to seek a modification to an already existing child support order, you can hire an attorney and take your request to court. Once there, you will need to provide evidence that there has been a significant enough change in your life circumstances to warrant this modification. Evidence can include income and expense reports, medical insurance documents, and childcare expense reports.

Who Pays Attorney Fees in Child Custody Cases?

In certain cases, especially if you are the lower-earning parent, you may be able to request that the court order your co-parent to pay for the attorney you hire. Before making this order, the judge will consider factors such as your income and the income of your co-parent, your needs and those of your co-parent, and whether one of you has more access to resources necessary to hire an attorney.

How Is the Best Interest of a Child Determined?

In California, the courts will take various factors into account when determining what they believe is in the best interests of the child when creating orders for child support or child custody. These factors can include the age, health, and overall well-being of the child, their physical and emotional needs, their emotional ties to each parent, and their ties to their school and the community they currently live in.

Contact Our Caring Child Support Attorneys

Facing a child support matter in Orange County can be a daunting challenge, but you don’t have to do it alone. Let our team of child support advocates guide you with professionalism and empathy. Contact us today to schedule a consultation and embark on your journey to resolution with confidence and peace of mind. You cannot control what your spouse does but you can control who you select to represent you in this matter than can have a long-term impact on your financial and emotional future. We stress the importance and encourage you to compare lawyers and law firms.

Choose the family law firm that Orange County knows and trusts. Call Minyard Morris at 949-724-1111 or reach out to us online to speak with a member of our team about your situation.

Orange County Child Support Lawyer FAQ

What Other Issues Does a Court Look to in Determining Income Available for the Payment of Child Support?

A family law court may look to the parents income and assets in determining the amount of child support.

Structured annuity payments paid relative to a personal injury do not constitute income for the purposes of determining child support.

Spousal support is not income to be included in the calculation of guideline child support. (IRMO Corman).

A wealthy party may avoid extensive discovery if a stipulation is reached providing that the party has the ability to pay any reasonable child support. (Estevez v. Superior Court and IRMO Aylesworth).

When there is a dispute as to the income of a party, the divorce court may look to a party’s loan application as presumptive evidence of income. (IRMO Calcaterra & Badakhsh). The representations on the loan application can be received by the divorce court as admissions of the income earned.

A party may not reduce his or her income by voluntarily making payments to reduce debt that is not currently due to a third person or entity. For example, a party prepaying a mortgage cannot claim a reduction in income. (IRMO Kirk).

Voluntarily deferring income is not a proper basis for a reduction of spousal or child support. (IRMO Berger).

Proceeds from the sale of a business that are reinvested are not income available for child support. (IRMO Pearlstein).

The increase in the amount of equity in a home is not income for purposes of calculating child support. (IRMO Henry).

What Sources of Revenue are Included in the Guideline Child Support Calculation?

Child support is based upon the gross (not net) income of the parties, including the following types of income and benefits:

Salary;
Bonuses;
Royalties;
Rents;
Workers compensation;
Unemployment benefits;
Disability benefits;
Social Security benefits;
Employment benefits;
Deferred income;
Perquisites;
Military allowances;
Meal allowances;
Recurring Gifts;
Most annuity payments; and
Vested stock options/RSUs/Profits Interests.

The following items are not income available for child support:

One time inheritances;
Unallocated lump-sum personal injury recoveries;
Loans of all types including student loans;
Life Insurance proceeds; and
Proceeds of the sale of stock in a business that are reinvested.

When Does Child Support End?

Child support is payable until a child completes high school, but not after a child attains the age of 19.

Child support does not automatically end on the death of the payor parent, even if the primary parent had child custody. (IRMO McCann).

Child support may be payable to adult children who are unable to support themselves.

What is Guideline Child Support?

Guideline child support is calculated with the use of a computer program that requires the input of a number of factors. The most significant of which are custodial time-share and income (as defined by the Family Code).The purpose of child support is to provide a level of support that allows the child to share the parent’s economic station in life.

California family law states that parents must contribute to the support of a child, according to a detailed formula utilized in the software programs “X-Spouse” and “Dissomaster.” These programs generate “guideline” child support.

Child support is more involved than simply inputting the incomes of the parties into a computer program and pressing enter. The computer program generates the guideline child support amount. A family court may order a party to pay for additional expenses, referred to as “add-ons,” in addition to the base child support. Add-ons may include such things as child care, activity costs, schools costs, travel costs, health insurance premiums, and medical costs not paid by insurance. Other issues that may need to be addressed include imputation of income, determining the representative period of past earnings to determine the most probable future income, how to treat fluctuating income, determining whether money received is income, etc.

A family court may order “add-on” costs be paid in full by one party, or divided between the parties in equal or unequal shares.

A family court may order a base level of child support, and a supplemental payment of any additional income received over the base salary. This supplemental child payment is referred to as an “Ostler-Smith” payment.

Child Support Decision Tree

Family Law Interconnectivity Overview – Children

Is the Court Required to Order the Computer Generated Child Support Amount?

A family law court may depart or deviate from guideline child support, even though the amount of guideline child support is presumed to be the correct amount. A family law court has the discretion to determine whether or not to depart from guideline child support but must make specific findings to justify the departure (IRMO Hall).

The following circumstances may justify departure from guideline child support:

Special needs of a child (IRMO Cryer);
Exceptionally high earner;
Deferred home award to payee party;
A party is not contributing to the needs of the children at a level commensurate with their time share;
Unjustness of the guideline formula in the particular circumstance;
Payment of significant amount of community consumer debt incurred for basic living needs (County of Lake v. Antoni); and
Mortgage free housing. (IRMO Schlafly).

A client should expect their divorce lawyer to be beyond candid, and explain to them the strengths and weaknesses of the case, and the probable outcome of litigation at the first attorney-client meeting and at every stage during the process, as new facts unfold. A client should have the opportunity to make informed and timely decisions about their children. Our Orange County divorce lawyers are known for telling our clients the good, the bad, and the ugly about child custody matters – early and often. Clients deserve to hear the truth, not a sales pitch.

Is There a Difference in the Determination of Guideline Child Support at the Temporary Stage vs. the Post-Judgment Stage?

Temporary child support is ordered at the Request For Order (RFO) stage of the case. Post-judgment child support, is ordered at the trial. Guideline child support ordered at both stages of a case, is determined by the same formula.

Potential Sequence of Steps and Procedural Events in a Divorce

Isn’t Child Support Determined by Simply Using a Computer Program?

Child support is a complex area of family law and is more involved than simply inputting the incomes of the parties into a computer program and pressing enter. The computer program generates the guideline child support amount. A family court may order a party to pay for additional expenses referred to as “add-ons” in addition to the base child support. Add-ons may include such things as child care, activity costs, schools costs, travel costs, health insurance premiums and medical costs not paid by insurance. Other issues that may need to be addressed include issues like imputation of income, determining the representative period of past earnings to determine the most probable future income, how to treat fluctuating income, determining whether money received is income, etc.

A family court may order “add-on” costs be paid in full by one party or divided between the parties in equal or unequal shares.

A family court may order a base level of child support and a supplemental payment of any additional income received over the base salary. This supplemental child payment is referred to as and “Ostler-Smith” payment.

“Child Support Decision Tree

Family Law Interconnectivity Overview – Children

Is the Amount of Custodial Time That Each Parent Has Relevant to the Amount of Child Support?

Conflicts may exist relative to the methodology of calculating custodial time sharing. Generally, hours of parental responsibility are counted towards the time share percentages. This means that when a child sleeps at one parent’s home, that parent is credited with the sleep hours in the time share calculation. Likewise, if one parent is responsible for issues that arise during the school day, that parent is credited with the school hours. One of the significant factors that determines guideline child support is the child custody time share percentages. A higher child custody time share for the payor decreases child support, and a lower child custody time share for the payor increases child support.

“Child Support

Is Child Support Modifiable?

Child support is always modifiable. However, it may only be modified retroactively to the date of the filing of a Request For Order (RFO) seeking the modification.

Child support is modifiable if there has been a material change in circumstances since the date of the last order. A change in income or a change in the child custody timeshare may be a material change in circumstances. However, a substantial reduction in income from employment may not justify a reduction in child support, if the payor has substantial income from investments.

The parties may not bind the family law court to a specific standard of review to modify a child support order. (IRMO Cohen).

Common examples of circumstances that may warrant a modification of child support include: a change in income of either party, decrease in the income of either party or change in custodial time share.

Time Share Factor

Income Factor

How Does the Family Law Court Address Health Insurance Issues?

A divorce court must order one or both parties to maintain health insurance for the children, if available through employment at no or nominal cost.

A divorce court will generally order each party to pay all, or a portion, of a child’s medical expenses not paid by insurance. The court can order the parties to pay disproportionate shares of health costs.

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