What If My Child Support Isn’t Enough?
California Divorce, Child Support

What If My Child Support Isn’t Enough?

Divorce and separation can be challenging not only emotionally but also financially, especially when children are involved. Child support is designed to help cover a child’s basic needs, including food, clothing, and education. However, there may be situations where the support received isn’t adequate to meet a child’s needs.

Certified CA Family Law Specialist Judy L. Burger wants you to understand your options and the steps you can take if you find yourself in this position

Understanding Child Support

In California, child support is typically calculated using a specific formula that considers both parents’ incomes, the amount of time each parent spends with the child, and any special needs the child may have. The formula aims to ensure that children continue to receive financial support from both parents, even after separation or divorce. However, what happens when that support isn’t enough? Here is how you can assess your situation:

  1. Review the Support Order: Review your current child support agreement closely. Determine if the support amount reflects the child’s actual needs and living costs. What might seem sufficient on paper may not be enough when considering a child’s growing needs, especially as they age and their expenses increase.
  2. Consider Changes in Circumstances: Changes in your financial situation or your child’s needs can affect the current support amount. For instance, if you’ve lost your job, had an unexpected medical expense, or your child has developed new needs (like tutoring or special activities), these factors should be considered.

What Can You Do to Address Insufficient Child Support?

2020–2022 data in the KIDS COUNT® Data Cen­ter reveal that just 23% of U.S. female-head­ed fam­i­lies report­ed receiv­ing any amount of child support dur­ing the pre­vi­ous year. Family law attorney Judy Burger can clarify your options if you are not receiving adequate child support payments. She can help you navigate the legal process, understand your rights, and represent you in court if necessary.

  1. Request a Child Support Modification: If circumstances have significantly changed since the initial support order was established, you may petition the court to modify child support. This often involves documenting your current income, expenses, and your child’s needs. CA child custody attorney Judy Burger can help you understand the process and increase your chances of success.
  2. Gather Documentation and Evidence: When seeking to modify support, gather evidence that supports your claim. This may include:
  • Recent pay stubs or tax returns
  • Receipts or invoices for child-related expenses (like medical bills, educational costs, or extracurricular activities)
  • A budget showing the financial strain due to the support received
  1. Negotiate with the Other Parent: Open communication with the other parent can sometimes lead to informal agreements regarding additional support. While this is not a legal route, it can be beneficial if both parents are willing to cooperate for the child’s best interest. Documenting any agreements made is essential, as they can help in future legal proceedings if needed.
  2. Seek Additional Financial Aid: If child support isn’t sufficient, consider looking into other resources to assist with child-related expenses. This could include government programs, scholarships for educational costs, or community organizations that provide financial assistance.

If you find that your child support isn’t enough, remember that you have options. It’s important not to lose hope—there are pathways you can pursue to ensure your child’s needs are adequately met. Whether it’s seeking a modification of your support order, negotiating with the other parent, or accessing additional resources, proactive steps can lead to a more secure financial situation for your family.

California Child Support Attorney

Reach out to California Child Support Attorney Judy L. Burger for personalized advice and support in navigating child support issues. She has considerable experience helping single parents protect their rights and advocate for their children’s well-being. Call 415-293-8314 or contact one of our eight offices directly online or by phone.

 

FAQs Relating to California Child Support
Child Support

FAQs Relating to California Child Support

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California laws that apply to child support are anything but simple. If you’re facing a divorce and have children, you may have many questions about the mechanics of child support. In this blog, we’ll discuss five of the common questions our office receives about this important topic.

What Are the Most Important Factors in Setting Child Support?

Many considerations come into play in setting child support in California. However, the three most important factors are the parties’ income, the number of children, and the parents’ comparative parenting time with the children (often known as “time-share”).

All of the relevant factors are set out in law. However, the factors have been built into a computer program that performs the calculations for the court. Have you ever heard the phrase “garbage in, garbage out”? If so, you understand the importance of making sure the right numbers are provided to the court for input into the program.

What Is Included in Income for Setting Child Support in California?

One of the most complicated factors at issue in setting California child support is the parties’ net disposable income. Almost all types of income are included, such as traditional forms of pay like wages, tips, commissions, overtime, and bonuses, and other forms of earnings, such as interest, dividends, and rental income.

A few amounts are excluded from income, such as CalWORKs payments and supplemental security income (SSI).

In addition, the following items are deducted from gross income, such as these:

  • Income taxes, both federal and state;
  • Mandatory union dues;
  • Mandatory retirement deductions;
  • Contributions for Federal Insurance Contributions Act (known as “FICA” on your pay stub);
  • Health insurance and premium deductions for each parent and any children the parent is legally obligated to support;
  • Child and spousal support paid to a different spouse or child;
  • Certain job-related expenses under California Family Code § 4059(f); and
  • Court-allowed amounts for hardship suffered by a party.

Do California Courts Have to Follow the Child Support Guidelines?

Generally speaking, courts follow the child support guidelines. However, a few factors can change the amount of support.

For example, there are some mandatory and discretionary add-ons to child support. These include uninsured health care costs, certain child care costs, private school costs, extracurricular activities, and travel expenses.

Can a Parent Be Jailed for Failing to Pay Child Support?

Yes, a parent who fails to pay court-ordered child support can be held in contempt of court and even jailed. Criminal contempt of court is a very serious matter that places the payer’s liberty at risk. If found guilty of contempt of court for failing to abide by a court order of child support, both community service and jail time are possible consequences.

Does Interest Accrue When Child Support Is Not Paid on Time?

Interest accrues on any child support amounts that are not paid on time. In California, the applicable annual interest rate is 10 percent per year.

If you are facing a divorce proceeding, especially one that involves child support, you should consult with an experienced California lawyer. The attorneys at the Law Offices of Judy L. Burger are well-versed in difficult divorce proceedings. Call today to see how we can help you: (415) 293-8314.