Laguna Niguel Child Support Lawyer

Laguna Niguel Child Support Attorney

Navigating child support cases and coinciding disputes can be overwhelming, especially without help from an attorney. Even in California, where state laws establish a guideline formula for child support, resolving disputes is rarely as simple as plugging numbers into an equation. To ensure your child support agreement is fair and meets the needs of both you and your child, it’s crucial that you hire an experienced Laguna Niguel child support lawyer who can help.

About The Hatherley Firm, Inc.

The Hatherley Firm is a family law firm committed to delivering powerful, personalized solutions for California residents dealing with divorce-related matters. Our founding attorney, Douglas A. Hatherley, has focused his practice solely on family litigation for over a decade and has worked at some of Orange County’s most distinguished family law firms.

Mr. Hatherley’s extensive experience in family law is reflected in his California State Bar license as a Certified Family Law Specialist. His accolades include the Martindale-Hubbell AV Preeminent rating, a prestigious peer award given to lawyers meeting the highest standards of professional excellence, and a 2024 award from the Best Lawyers in America. When you work with our firm, you can trust that you’ll benefit from our experience and excellence.

Understanding Child Support Guidelines in California

In California’s Family Code, “child support” refers to monthly payments that a court orders a parent to make to help meet their child’s needs. Child support in California is established when two parents no longer live together or share equal custody over their child.

Kids in California are usually eligible for child support until they either graduate from high school at age 18 or turn 19. They may also lose access to support if they get married, join the military, or are emancipated. However, if a child in California cannot support themselves due to disability, payments may continue beyond the stated age cut-offs.

The California Department of Child Support Services reported that Orange County parents owed $89,929,271 in total in child support in 2024, while the DCSS was able to collect and distribute $58,903,748 of that total.

How Child Support Payments Are Calculated in Laguna Niguel

Although parents share responsibility for child support, they aren’t expected to split costs 50/50. This is where child support calculations come in. While the formula for child support calculations is complex, in simple terms, it is a function of parents’ net disposable incomes and the amount of time each parent spends with each child.

While California courts often order the higher-income parent to pay child support, this isn’t always true. Parenting time might be arranged such that the higher-income parent’s financial contribution to their child’s upbringing is greater than the difference between the parents’ incomes, in which case the lower-income parent might pay.

Establishing and Modifying Child Support in Laguna Niguel

The main legal actions centered around child support include either establishing or modifying child support orders:

• Establishing Child Support. To get an order for child support in Laguna Niguel, you need to open a court case. If you’re married and seeking a divorce or separation along with child support, you can file a Request for Order along with your divorce/separation petition. This asks the court to establish a child support order as part of your divorce case and may establish a temporary child support order while your case is in progress.
• Modifying Child Support. If you need to modify an existing child support order due to changes in your finances, you’ll also have to file a Request for Order. You’ll need to prove that your situation has changed enough to merit a new payment amount. Changes cannot be back-dated to before you filed the Request, so filing ASAP is critical.

If you are not receiving the child support payments that were ordered, you can work with a family lawyer to have your order enforced by the court. If you are the parent who has missed payments, you may face serious consequences if your order is enforced. If you’re worried about keeping up with your payment schedule, or if you already owe or need to collect overdue payments, a child support attorney from our firm can advise you about the next steps.

FAQs

How Much Does It Cost to Hire a Child Support Lawyer in Laguna Niguel?

Child support lawyers in Laguna Niguel often charge using various pricing structures and fees, depending on the complexity of your case and your lawyer’s experience. You can expect contentious cases to cost more than simple, uncontentious cases because your lawyer will likely have to spend more time representing you and potentially litigating. To better understand the price of hiring a child support lawyer, discuss your concerns during your consultation.

Do I Need a Lawyer in Laguna Niguel to Open a Child Support Case?

While you don’t legally need a lawyer to open a child support case in Laguna Niguel, working with one can ensure you don’t make unnecessary mistakes that cause delays or negative outcomes in your case. In California, you can self-file with help from a lawyer or ask the Department of Child Support Services to open a case. It can be hard to represent yourself effectively in court, which is where an experienced lawyer can come in.

What Is the Average Child Support Payment in California?

Under the California child support laws, support obligations are calculated using a formula that takes into account parents’ finances and percentage of parenting time, which means that monthly payments can vary significantly. You can estimate how much your support payments might cost using a certified guideline calculator. A family law attorney can help you with the calculation so you can get a better understanding of what you will pay or receive.

What Happens If I Can’t Pay Child Support in Laguna Niguel?

If you can’t pay the full child support amount requested of you, you’ll be held responsible for it by your Local Child Support Agency, which works under the state Department of Child Support Services. The LCSA may garnish your wages or use other enforcement tools, including civil and criminal penalties, to collect your debt. In March 2024, 56.6% of child support cases in Orange County had past-due payments, according to the DCSS.

Hire a Child Support Lawyer in Laguna Niguel Today

You and your child deserve the help of a Laguna Niguel child support attorney who is dedicated to protecting your futures. Our experienced lawyers have decades of experience with cases like yours and are prepared to fight for you. If you’re ready to take the next step in your case, contact The Hatherley Firm today to schedule your intake.

The Hatherley Firm, Inc., is based in Aliso Viejo, near Irvine. We serve clients throughout Orange County, including Laguna Niguel.