Child support can have a significant effect on the finances of both parents and on the resources available to support their children. Although California uses a statewide guideline formula to calculate support, determining the numbers that go into that formula is not always straightforward.

I represent parents in Berkeley and throughout the Bay Area in child support matters, including the establishment, modification and enforcement of support orders.

Child Support in California

California courts generally calculate child support using a statutory guideline. The calculation takes into account several factors, including each parent's income, the amount of time the child spends with each parent, tax filing status and certain allowable deductions.

In many cases, the calculation itself is relatively straightforward. The more difficult question is determining the income and other information that should be used in the calculation.

Determining Income for Child Support

Child support disputes frequently involve questions about what constitutes income and how that income should be calculated. These issues can be particularly important when a parent is self-employed, receives bonuses or commissions, owns a business or rental property, or has income that varies substantially from month to month or year to year.

Issues may include:

• Salary and wages
• Bonuses, commissions and overtime
• Self-employment and business income
• Rental income
• Investment and other non-wage income
• Fluctuating or irregular income
• Business expenses and deductions
• Unemployment and other benefits
• The appropriate period of income to use in calculating support

I work with clients to identify the financial information necessary to calculate support accurately and to address disputes over income when the parties do not agree on the numbers.

Modification of Child Support

A child support order can generally be modified when circumstances have changed. Changes in either parent's income, employment, parenting schedule or other relevant circumstances may affect the guideline calculation.

The timing of a request to modify support can be important because California law limits the circumstances under which a court may modify support for periods before a request was filed.

I represent parents seeking modifications as well as parents responding to requests to increase or decrease an existing support order.

Enforcement and Unpaid Child Support

When court-ordered child support is not paid, arrears can accumulate and interest may be added to the unpaid balance. Enforcement issues can become increasingly complicated when substantial arrears have accumulated or the parties disagree about payments that were made.

I assist clients in determining the amount owed, addressing disputed payment histories, and seeking or responding to enforcement of existing child support orders.

A Practical Approach to Child Support

A child support case should begin with accurate financial information. When the relevant income and parenting-time information is clear, many support disputes can be resolved without extensive litigation.

When the financial circumstances are disputed or unusually complex, however, careful analysis can make a substantial difference in the result. My approach is to identify the financial issues that actually affect the guideline calculation and focus the case on resolving those issues efficiently.

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