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Individual Attention & Experienced Advice

Child Support

Child support is a monthly, court-ordered payment a parent makes to the other parent for the living expenses of children. In California, child support is generally determined by computer calculations (guideline) created by the court. The important factors in making guideline support orders are income of each parent and the amount of time each parent has with the children. The income begins as gross income and is modified by approximately 20 other factors. It can be very confusing whether each of the factors increases or decreases support. For example, tax exemptions for children may increase or decrease support calculations. Insurance premiums may increase or decrease support. Mortgage interest and property taxes affect any guideline calculation.

It is important to know that child support, once it is ordered by the court, can only be changed by filing a motion to modify the child support. If you lose your job, even temporarily, you must file a motion to reduce your support. If you fail to pay support, then interest accrues at the rate of 10% per year. All too often a parent will come to us months, or even years, after suffering a drop in income by which time they owe not only the principal amount of child support due, but substantial interest on the amount overdue. THE COURT HAS NO AUTHORITY TO GRANT YOU ANY RELIEF EXCEPT BACK TO THE DATE YOU FILE AND SERVE YOUR MOTION TO MODIFY CHILD SUPPORT.

Call the lawyers at Timko & LaSorsa for an appointment to modify your child support if there has been a change in your or the other parent's income.

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