The Law Office of Edward Misleh
The Law Office of Edward Misleh
Skip to content
  • Home Page
  • Areas of Practice
    • Divorce Attorney
    • Domestic Violence Attorney
    • Child Custody Attorney
    • Child Support Attorney
    • Spousal Support Attorney
    • Community Property Attorney
    • Guardianship Attorney
    • Family Law Attorney
    • Adoption Attorney
    • California Attorney Blog
  • Resources
    • Forms
    • California Attorney Blog
    • Our Office
    • Website Search
    • Site Map
  • The Law Offices
  • Contact Us

-

Child Support

Child support is the amount of money that a court orders a parent to pay for the support of their child.  Each parent is equally responsible for providing for the financial needs of their child.  A California court cannot enforce a child support obligation until support has been requested and ordered.  Support payments usually continue until the child turn 18.  Support payments can continue until the age of 19 if the child is still in high school full time, living at home, and cannot support themselves.


Requesting Support

Either parent can submit a request for support.  This can be done when you file for divorce, legal separation, annulment, a domestic violence restraining order, or in a petition for custody.  If one parent has been receiving public assistance from the State of California or a California County program, a local agency will automatically file a support case against the noncustodial parent.


Guideline Child Support

California child support is also known as “guideline child support” meaning that orders for child support follow some fairly standard guidelines to ensure that both parents are contributing to the care and well-being of their child.

Determining  California Child Support

  • The number of children involved.
  • The father’s income or his earning ability.
  • The mother’s income or her earning ability.
  • Time spent by each parent caring for the child or children.
  • Health insurance and related costs.
  • The need for daycare.

Determining Net Disposable Income

The amount of California child support paid by a parent is determined by adding a parent’s income source(s) and then deducting from that any mandatory or unavoidable expenses.

Income sources include:  wages, tips, commissions, bonuses, unemployment benefits, self-employment earnings, rental income, dividends, interest, workers compensation and disability benefits, pension and Social Security payments, and any other payments or credits, including lottery and other prize monies, that a parent is owed.

Mandatory or unavoidable deductions include:  taxes, health insurance premiums, child support or alimony currently being paid, estimated costs of caring for other children, union dues, and contributions to retirement accounts.


Child Support Modification

Payments of California child support is made according to the incomes of the parents, parenting time, and the financial needs of the child.  At some later date, circumstances may change which will allow a parent to petition a court or child support services for a modification by proving a substantial change in circumstances.  Child support payments may also be changed if the original support order was set below the state’s guidelines, regardless of whether circumstances have changed.

Some of the issues that can be used to prove substantial change in circumstances include:

  • Paying spouse’s loss of work or income.
  • Receiving spouse’s increase in income.
  • A change in child custody or the amount of time a child spends with each parent.
  • A substantial change in the child’s financial needs.

Child Support Set-Aside Order

Pursuant to California Code of Civil Procedure, § 473, a party has six months from the date of an order that was entered against them to amend for a mistake, inadvertence, surprise or excusable neglect.  After six months, California Family Code § 3690(a) would apply and states in subsection (b):  In all proceedings under this division, before granting relief, the court shall find that the facts alleged as the grounds for relief materially affected the original order and that the moving party would materially benefit from the granting of the relief.  Grounds for relief under Family Code § 3691 is actual fraud, perjury, or lack of notice.  The request for relief must be brought within six months of the date on which you discovered or reasonably should have discovered the grounds for relief.

Under Family Code § 3692, as a condition to granting the relief requested, which may be retroactive, the family court must find that the grounds for relief stated in an application would materially benefit the requesting party.  The court cannot set aside a support order simply because the court finds that it was inequitable when it was made, or because subsequent circumstances caused the support amount to be excessive.

Further, under Family Code § 3693, the court is restricted to setting aside only the parts of the support award that are materially affected by the circumstances leading to the court’s decision to grant you relief.  However, the court can set aside the entire order based upon equitable considerations.

Family Code § 3652 provides that the court may award attorney fees in favor of the party who prevails in a set aside motion.


CALL NOW TO MAKE AN APPOINTMENT FOR A CONSULTATION

321-951-9164

Law Library

Support Wage Assignments

Modifying Support Payments

Military Members Support Payments

Child Support Payments

Support Modification

Supplemental Security Income

California Child Support

Arrears

California Child Support Services

Excess Support Payments

Child Support Arrears

SSI and SSDI

Child Support Wage Garnishment

Military Member Support Payments

Web Site Search

This disclaimer provides that any information provided on this website by The Law  Offices of Edward Misleh, APC is strictly informational and should not be interpreted or considered as legal advice.  If you have a legal concern, you should contact our office to speak with a licensed California Attorney.  Delaying to contact an attorney could result in harm to your interests.

Attorney-Client Relationship

No Attorney-Client Relationship Created by use of this Website: Neither your receipt of information from this website, nor your use of this website to contact The Law Offices of Edward Misleh, APC or one of its attorneys creates an attorney-client relationship between you and The Law Offices of Edward Misleh, APC. As a matter of policy, The Law Offices of Edward Misleh, APC does not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter. Accordingly, you should not use this website to provide confidential information about a legal matter of yours to The Law Offices of Edward Misleh, APC.

Contacting us by telephone, email or other means, or transmitting information to us, will not establish an attorney-client relationship. The attorney-client relationship can only be established after we have determined that we are able and willing to accept the engagement and we have entered into a written engagement agreement. Until then, do not send any confidential information to us unless we specifically request it. Information communicated without such authorization may not be treated as confidential, secret or otherwise be protected from disclosure, and The Law Offices of Edward Misleh, APC will not be precluded from representing parties adverse to the sender of such information in any matter.

No Legal Advice Intended

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

No Guarantee of Results

Many of the practice summaries and individual attorney biography on this website describe results obtained in matters handled for The Law Offices of Edward Misleh, APC clients. These descriptions are meant only to provide information about the activities and experience of our attorney. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our attorney; and, you should not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or attorney.

Third Party Websites

As a convenience, this website may provide links to third-party websites. Such linked websites are not under the control of The Law Offices of Edward Misleh, APC, and The Law Offices of Edward Misleh, APC assumes no responsibility for the accuracy of the contents of such websites.

No Warranty or Liability

The information in this site is provided “AS-IS,” without representation or warranty of any kind, either express or implied, including, without limitation, any representation or warranty as to suitability, reliability, applicability, accuracy, merchantability, fitness for a particular purpose, non-infringement, result, outcome or any other matter. We do not represent or warrant that such information is or will be up-to-date, complete or accurate, or free from errors, viruses, spyware, malware, adware, worms or other malicious code, or will function to meet your requirements.

You agree that we are not liable to you or others in any way for any damages of any kind or under any theory arising from this site, your access to or use of or reliance on the information in this site, including, but not limited to, liability or damages under contract, tort or other theories or any damages caused by lost data, malicious code, denials of service (including computer crashes), business interruption or other commercial damages or losses, even if we may have been advised of the possibility of such damages.

Authorized Practice of Law

The jurisdiction in which our attorney is licensed to practice is in the State of California. The ability of our attorney to engage in any activities on behalf of a client outside that attorney’s state of licensure is subject to state statutes and professional codes and court rules. The Law Offices of Edward Misleh, APC does not seek, and this website is not intended to solicit, legal employment outside our attorney’s states of licensure that would constitute the unauthorized practice of law.

Intellectual Property Owned by The Law Offices of Edward Misleh, APC

Except as otherwise noted, all trademarks, photographs and other artwork, video clips, and written materials used in this site are protected by copyright laws and are owned or licensed by The Law Offices of Edward Misleh, APC. You may download information from our site for your temporary, personal, non-commercial use only. None of these items may be copied, reproduced, downloaded, posted, transmitted, broadcast or otherwise distributed in any manner without our prior written consent.

Privacy Policy
Site Map
Avvo - Rate your Lawyer. Get Free Legal Advice.
We gladly accept Visa, MasterCard, Discover, American Express.
Copyright 2023 The Law Offices of Edward Misleh, APC
Web site hosting by All Brevard Web Sites