Trevino Law, Inc.

For a family law lawyer call:  949.716.2102

A Family Law Firm Located in South Orange County

Contact a Family Law Lawyer
If you have a crises in your life, chances are, you need a divorce attorney . Whether it is child support , child custody , property division , or spousal support , Trevino Law can help you through. Trevino Law is dedicated to helping individuals through the legal process. If you are facing a family law issue, it is important to contact an attorney even before the petition is filed. 

Child Support in Orange County, California

Trevino Law can help you with your child support case.

Child support in California can be daunting. The person who pays child support, the "payor," feels like the amount of child support is too high. The person who receives a payment of child support, the "payee," believes that the amount is too small to support minor children. The reality is that there is never enough money to support minor children in two households. 


Orange County Department of Child Support Services

The Department of Child Support Services can help collect child support. However, if parties are working together and payments are being made on time, it may not be necessary to open a case with the department. If the payor of spousal support has not made payments, the department can suspend the payor's license until payments resume. 

CHILD SUPPORT IN ORANGE COUNTY

  1. When child support is paid, the support can be used for any type of support for the minor child. It can be used to pay the mortgage, groceries, clothing, and any other essentials.
  2. The paying spouse cannot determine how child support can be used unless there is a written agreement between the parties.
  3. The legislature envisions that both parties will contribute to the children's well-being based upon each party's station in life.

California Child Support

  1. Child support in Orange County is based upon a formula created by statute. There are several factors which include the income of both parents, the percentage of time that each child spends with each parent, the cost of health insurance premiums and the cost of day care.
    California Formula for Child Support
  2. Usually if the minor child is a toddler, the court will not impute income to the stay at home parent. Imputation of income must be the best interest of the minor child.
    Stay at Home Parents and Child Support
  3. The cost of medical insurance premiums are often factored into child support and will lower or increase child support accordingly in a California divorce action.
    Medical Insurance Premiums and Child Support
  4. Child support is based upon the income of both parties and the time shared with each parent. It is possible for a parent with primary custody to pay the parent with less visitation, child support.
    Orange County Child Support

Frequently Asked Child Support Questions

How much child support will I receive?

How do I modify child support in California?

My spouse does not work, will I have to pay child support?

Child support is based upon a guideline formula established by the legislature in  California Family Code Section 4050 et. seq. The main considerations are the income of both parties and the time each parent spends with each minor child. 
If a parent is not working, the court may impute income to that parent.  When the court imputes income, it acts as if the parent is earning a certain amount of money even though the parent is not currently working. 
Child support may be modified by court order. When one parent's income changes, the court may consider a modification of child support after a request for order has been filed in Orange County.

If I increase my expenses, will child support order be lower?

What factors does the court analyze in setting child support?

I am not working, can the court order me to pay child support?

Expenses do not decrease the obligation to pay child support. However, they  may increase child support if the paying party's expenses are significantly higher than their income. 
In addition to the income of both parties and the time spent with the minor children, the court will consider other factors which may have a bearing on the parents' take home pay and ultimately child support. Items that will increase child support are the payment of property taxes and mortgage interest by the paying spouse. Items that decrease the parents take home pay are mandatory union dues, and health insurance premium payments

The divorce court can impute income to you if you are not working and are able to work. The court will consider factors such as your ability to work and available jobs.