Orange County Child Support Lawyer

CHILD SUPPORT ATTORNEY IN ORANGE COUNTY, CA

The family court system of Orange County is responsible for resolving many types of legal disputes that often arise within families. Divorce cases, child custody disputes, and child support determinations are the most commonly addressed cases in the Orange County family court system. If you are preparing to divorce your co-parent, or if you are an unmarried parent bracing for a child custody determination, the court will also resolve child support as part of your larger case.

Child support is a contentious issue in the family court system, and it can be challenging to determine the best approach to this type of situation. First, you need to be sure that your child’s needs are adequately addressed and have the financial support they need to cover basic living expenses. If you expect to pay, it’s natural to want a fair and reasonable determination that fits your income and lifestyle. If you are expecting to receive child support, it’s understandable to want to maximize the support you receive.

Quinn & Dworakowski, LLP, has years of experience guiding Orange County clients through complex child support cases. We understand that some parents may feel inherently disempowered by the child support determination process or that the child custody determination process can feel unfair or one-sided. Whatever your case entails, we will provide individually tailored legal representation through the entirety of your case proceedings, helping you reach a result that is both reasonable and suitable for the needs and interests of your child.

Whether a support order is required, a modification is needed, or arrearages need to be calculated and enforced, the attorneys at Quinn & Dworakowski are experts on such matters. We have substantial experience with California’s complex child support guidelines whether you are potentially paying or receiving child support.

Why Do I Need an Orange County Child Support Lawyer?

It’s understandable to wonder why you need to hire a lawyer for a child support case in California. While it is technically possible to navigate a child support dispute without legal representation, it is much easier to approach this problematic family court case with the assistance of an experienced attorney.

Your Orange County child support attorney can help you in several ways. First, they will assist you in gathering all the financial documentation you will need to provide to the court. If your child support determination is part of a larger divorce and custody case, you will need to complete an extensive financial disclosure process to not only resolve child support but also property division under California’s community property law. Hiring the right attorney can make all your family court proceedings much easier to approach. You’ll have assistance gathering the materials you must produce for the court, and you will also be more likely to secure more favorable outcomes. While no attorney can guarantee any particular outcome in any case, reliable legal counsel is an invaluable asset no matter what your child support case entails.

Necessary Considerations in Child Support Cases

Child support is not an issue that can be resolved privately between parents. The Orange County family court system has a legal obligation to preserve the best interests of children. When parents file divorce petitions, child custody disputes, or paternity cases in the family court, child support is sure to come into play. A family court judge has the final say in any child support case, regardless of whether the child’s parents are divorcing or unmarried.

The first step a judge must take in determining a fair and reasonable support arrangement for a child is assessing the total amount of support the child should receive from both their parents. First, the judge will review the financial records of the parents and calculate the cost of living in Orange County to arrive at a total support obligation shared by the parents. Then, this amount is divided in half to determine each parent’s respective support obligation.

One parent will pay child support to the other, and the determining factor that decides which parent pays child support and which parent receives it comes down to custody rights. When one parent has a more significant share of physical custody than the other, the family court presumes that this parent fulfills their financial support obligation by addressing the child’s day-to-day needs and living expenses. Therefore, the other, noncustodial parent will owe child support to the custodial parent in this situation.

It is important to note that if a judge denies custody or visitation to one parent or if a parent has their parental rights involuntarily terminated, this will not end that parent’s support obligation. The only ways in which child support can terminate include:

• The death of the paying parent or the child.
• The child reaching the age of 18 or reaching the age at which support will end as dictated by the support agreement.
• The child is adopted by a stepparent willing to assume financial responsibility for the child.
• The paying parent later assumes full custody of the child. For example, this may occur if the custodial parent dies or becomes unfit to retain their custody rights.

It’s common for child support determinations to change over time as the needs and circumstances of the child and their parents evolve. Several factors, including job loss, medical emergencies, development of disabilities, and more, can all lead to changes to a child support order.

Child Support for High-Earning Parents

California is home to many celebrities, executives, and business professionals across multiple industries, and some parents in California qualify as “extraordinarily” high earners. California family courts typically use an algorithm to calculate appropriate child support, but judges may need to perform more extensive calculations to determine the best support terms when a child has parents who earn high incomes. Typically, judges assert that a child has the right to enjoy the wealthy lifestyle of their high-earning parent. In these cases, child support is likely to be substantially more than the baseline child support the child would need for their basic everyday living expenses.

Quinn & Dworakowski, LLP, has helped all types of clients in Orange County through complex family law cases. We understand that some parents have unique financial situations, and it is understandable for any parent to want the fairest possible child support terms. We have represented parents at all income levels and do everything in our power to ensure that child support determinations are fair, balanced, and in alignment with the best interests of the child affected by a determination.

How Do I Change a Child Support Order?

The Orange County family court system and the many other family courts throughout the US acknowledge that life can pose unpredictable challenges to parents with custody and support orders. When unexpected problems arise that influence a standing family court order, the modification process allows any party beholden to a family court order to request reasonable changes that reflect these variables. Unlike an appeal that seeks to overturn a prior ruling, a modification is a simplified process that seeks reasonable and necessary changes to a standing family court order.

Some of the most commonly cited reasons for seeking modification of child support orders in Orange County, CA, include:

• Job loss. If you are required to pay child support but lose your job due to forces beyond your control, you can petition the family court for a reduced support obligation that more reasonably reflects your new financial situation.
• Medical emergencies. If you develop an illness or disability or suffer a catastrophic injury that prevents you from working, you can petition for a modification to your child support obligation in light of this change.
• Changes in the needs of the child. If you are a custodial parent and your child develops a disability or medical condition that increases their financial support needs, you can request an increase to your child support payments.
• Contempt. In the event a parent has violated a lawful family court order in any way, the other parent has the right to not only file contempt proceedings and seek appropriate penalization of the other parent’s behavior but also the right to petition for modification that more accurately reflects the other parent’s actions.

The main prerequisite for seeking a modification to your child support order is that the reason behind the sought change must be something beyond your control. For example, a parent who is legally obligated to pay child support each month cannot quit their job and then file a modification for reduced support. Likewise, if they were fired because of poor performance or disciplinary issues, this would also not justify a support modification in most cases.

When a parent files a petition for modification of a child support order, the other parent has the right to contest the modification request. They may offer contradictory evidence against the petitioner or assert that the sought change does not truly suit the child’s best interests. Modification hearings typically do not take long to resolve, but hotly contested modifications can result in extensive proceedings and multiple courtroom sessions.

If a judge determines that a requested modification is fair, necessary, and suits the best interests of the children it will affect, the judge may grant the petition with immediate effect.

Hopefully, these frequently asked questions and our provided answers will help clarify any misconceptions you may have about how child support orders work in Orange County, CA. It’s natural to have lots of questions about how a child support case may unfold, and every parent faces unique circumstances they may not know how to handle on their own.

Working with an experienced Orange County child support attorney is the best way to approach these complex cases. The right attorney can provide clarity and peace of mind in difficult child support cases, helping parents reach the best possible outcomes and preserve their child’s interests.

What to Expect in a Divorce With Kids

Most of the child support cases that unfold in the Orange County family court system are components of divorce proceedings. When married parents decide to dissolve their marriage, the court has a legal responsibility to preserve their children’s best interests and ensure they have the financial support they legally deserve from each of their parents.

Every divorce case is unique, and child custody and child support will be more contested in some cases than in others. For example, when one parent has a very demanding work schedule, they may not be able to manage everyday childcare responsibilities, and the other parent would be a more suitable candidate as the custodial parent. It’s also possible for a parent to qualify as unfit in the eyes of the family court judge, meaning the other parent would likely assume sole physical and legal custody of their child.

When you choose Quinn & Dworakowski, LLP, to represent you in an Orange County divorce involving kids, we can provide comprehensive legal counsel for every aspect of your case. Throughout our years of operation, we have successfully represented many married parents in complicated divorces, custody disputes, and child support determinations. We can also provide legal counsel to unmarried parents facing custody and support determinations in Orange County.

We handle every case by taking time to learn as much as possible about our clients, helping them determine the best possible options for resolving their cases as efficiently as possible. Whether you expect to pay or receive child support, we can guide you through your case and help you reach a result that serves your child’s needs and interests. Our team can also assist with support modifications. For example, if you need to request reasonable changes to your child support terms or if you need to contest unreasonable modifications sought by your co-parent, we can guide you through your modification proceedings.

It’s best to work quickly when you need legal representation for a difficult child support case in Orange County. The sooner you secure legal counsel, the sooner your Orange County child support lawyer can begin working on your case. Quinn & Dworakowski, LLP, has the experience and skill necessary to handle the most challenging child support cases in Orange County. If you are bracing for a divorce, child custody dispute, or any other family court case likely to involve a child support determination, we can help. Contact us today and schedule a consultation with our team to discuss your situation with an experienced Orange County child support attorney.