Mansouri Law Offices

Child Support

Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses; i.e., food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

Each parent has a obligation to financially support their children. This is non-negotiable, meaning that even if the parent chooses not to visit or otherwise be involved in the child’s day-to-day life, he must pay child support to the custodial parent.

According to state-set guidelines, it is a parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life, and BOTH parents are mutually responsible for the support of their children according to each parent's actual income, level of responsibility for the children and ability to pay. It is critical to consult with a family law attorney to establish child support amounts and methods of payment.

All too often, when a divorcing couple enters into a verbal agreement regarding monthly support amounts and other factors involved in child support, communication breaks down and the person responsible for paying the support stops paying and has to be pursued through the District Attorney's office, which can be a time-consuming and extremely frustrating experience that can promise no concrete outcome. Written agreements are always best; written agreements created with the assistance of a family law attorney with years of experience in handling child support issues is the ideal path.

In most cases, the non-custodial parent must pay “guideline child support,” as determined by the Court’s computer software the Dissomaster. While various factors determine the amount of support which is due, the most pivotal factors in calculating child support are (a) the respective gross income of each parent; and (b) the respective physical custody timeshare (% of time each parent spends with the children).

Before parents can address the issue of child support, there must be an underlying action. If the parents are married, either the mother or the father must first file an action requesting dissolution of marriage, legal separation, nullity or file the petition for custody and support of minor children's action. If the parents are unmarred, either the mother or the father must file an action to establish the parental relationship or file the petition for custody and support of minor children. There is no legal obligation to pay child support from one parent to the other until there is a Court order. A Court order is obtained by requesting a hearing.

Once an underlying action has been filed, the Court can address the issue of child support in the underlying action. Further discussion of child support can be located by referring to the appropriate underlying action.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. The State of California has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents, and the standard of living the child is accustomed to. The Court may allow deduction items such as catastrophic medical expenses and travel expenses for visitation.

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Child Support