Child support is one of the most critical concerns for divorcing parents. In the State of California, the courts expect both parents to meet their financial responsibilities toward the child; however, disputes may arise over the amount to be paid, how often changes can occur, and what to do when there is noncompliance from either party. In Sacramento, the child support process can feel overwhelming for parents, but understanding it will certainly help.

Understanding Child Support in California

Under California law, both parents must financially contribute to the raising of their children. The state has a child support formula that considers several factors. These include:

• Each parent's income

• How much time each parent spends with the child

• Filing tax status

• Health insurance payments

• Childcare costs

• Other financial liabilities

Child support payments provide stability and ensure equal contributions from both parents to the child's upbringing. 

While computing payments may be straightforward, problems often arise when there is a dispute over specific figures. 

Disagreements About Income

Each parent might think that their partner underreported their income and earnings to avoid paying a large share of child support. It often happens to those who are self-employed, business owners, or have unstable incomes. 

Courts may consider such evidence as:

• Tax returns

• Banks statements

• Payroll sheets

• Business documents

• Employment record

If a parent is believed to be intentionally not working or underemployed, the judge may “impute” earnings to them based on their earning potential.

Parenting Time Disputes

The child support calculation is greatly affected by custody and visitation. If a parent believes the other parent is not exercising their legal right to spend time with their children, an issue may arise regarding support. 

Small variations in custody orders can have a huge impact on the amount of child support required each month.

Requests for Modification

Your situation might change once a child support order is made. For example, a parent may find that they lost their job or received a raise. 

If there is a significant change in either parent's income, either parent may apply to modify the child support agreement. 

Typical grounds for modifying a child support arrangement include:

• Unemployment

• Pay raise

• Modification of custody rights

• Medical emergencies

• New childcare costs

• Changes in the needs of the child

Failure to Pay Child Support

Payment problems are also among the most frequent causes of disputes. The overdue amount will cause a delay and constitute child support arrears. 

The nonpayment of child support in California is viewed by the court as a very serious infraction. 

Reviewing Financial Evidence

Documentation plays an important role in solving disputes about money. The judge reviews each party's financial status to determine whether the payment amount is correct. 

The parents might be asked to submit:

• Statements of income/expenses

• Tax records

• W-2s

• Financial statement

• Bonus documents

It is important not to lie about finances, as it can harm the credibility of the parent who does so.

Enforcing Existing Child Support Orders

When a parent deliberately refuses to pay child support, the State of California provides various options for enforcing the payment. These include:

• Salary deduction

• Seizure of bank accounts

• Interception of tax refunds

• Suspending driving licenses

• Real property liens

• Criminal contempt proceedings

In extreme cases, the non-compliant parent can receive penalties or even imprisonment. The California Department of Child Support Services (DCSS) may also take part in enforcement proceedings.

Modifying Child Support Orders

The courts are sympathetic to changes in your financial condition, but neither parent can unilaterally stop making payments or reduce the amount they pay without prior permission from the court. If necessary, the parent can apply for a modification.

For this purpose, a judge will consider such facts as:

• A significant change has occurred

• Modification is reasonable

• Modification is beneficial for the child

Most importantly, modifications are not backdated, and delaying your petition can cause significant problems due to the accumulation of arrears. 

Resolving Disputes Through Mediation

Most family courts in California prefer that parents negotiate or mediate to resolve disputes rather than proceeding directly to litigation. 

Mediation makes it possible for the parents to:

• Communicate their differences in an organized manner

• Lower tensions

• Save time and money on court fees

• Develop a unique plan

If the parents reach an agreement, the court will accept it, provided it complies with all California child support regulations.

The Importance of Accurate Financial Disclosure

Financial disclosure is one of the most essential components of any child support case. The absence of financial disclosure or concealing assets can have severe repercussions for you. These include:

• Financial sanctions

• Paying the other party's legal fees

• Sanctions from the court

• Damaging your credibility

Honesty is a must when dealing with California family law judges. Any attempts to game the system will not pay off in the long run.

How Child Support Disputes Affect Children

Even though child support cases involve financial issues, they might affect the children psychologically. A high-conflict situation could lead to the following:

• Stress or nervousness

• An unstable schedule for the child

• Conflict between parents

• Psychological burden on the entire family

To avoid that, courts focus on what is in the child's best interests throughout the legal proceedings. Cooperative parents are more likely to resolve their disputes without resorting to lengthy court proceedings.

When to Speak With a Sacramento Family Law Attorney

When determining child support payments, there are several ways to get into trouble if:

• The paying parent is self-employed

• There is inconsistent income

• One parent moves

• There are substantial arrears owed

• There are enforcement proceedings pending

• A parent suspects income concealment

A lawyer practicing family law in California can assist parents with:

• Establishing their legal rights

• Gathering financial information

• Applying for changes to an order

• Fending off unreasonable allegations

• Enforcing court orders

It is important for people involved in acrimonious divorces to seek out legal representation.

Talk to a Sacramento, CA, Family Lawyer Today

Wagner Family Law represents Sacramento parents in child support modification petitions. Call our office today to schedule an appointment, and we can begin preparing your arguments right away.