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Child Support Attorney
San Jose, California
Both parents are responsible for supporting their children financially. James Chau helps clients establish, modify, and enforce child support orders in Santa Clara County.
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Both parents are legally responsible for supporting their children financially, regardless of which parent has custody. Child support exists to ensure that children maintain a standard of living consistent with both parents' incomes and that the financial responsibility of raising a child is shared appropriately.
Understanding how California calculates child support, what can be included in a support order, and how to modify or enforce an order are important whether you are the parent paying or the parent receiving support.
California Law
How California Calculates Child Support
California uses a statewide guideline formula to calculate the amount of support one parent pays to the other. The formula is intended to produce a consistent result based on objective financial information rather than negotiation or judicial preference. The calculation takes into account:
Net monthly disposable income
of each parent
Percentage of time
the child spends with each parent
Tax filing status and deductions
Health insurance premiums
paid for the child
Mandatory union dues or retirement contributions
Hardship deductions
in some circumstances
The calculation is performed using court-approved software called Dissomaster or XSpouse. Courts are required to follow the guideline amount unless there is a specific reason to deviate. Deviations are rare and require court approval.
Scope
What Child Support Covers
A child support order typically includes a base monthly payment plus additional components:
Base support
the monthly guideline amount calculated under the formula
Medical support
both parents may be required to provide health insurance for the child if available at reasonable cost through their employer, or to contribute to uninsured medical expenses
Childcare costs
work-related childcare expenses are often added on top of the base support amount
Educational or special needs expenses
in some cases the court may address specific additional costs
Establishing Support
How Child Support Is Established
For married parents
Either parent can ask the court to make a child support order as part of a divorce, legal separation, or annulment proceeding.
For unmarried parents
Before child support can be ordered, parentage must be established. If both parents have signed a Voluntary Declaration of Parentage (VDOP), that establishes the legal parental relationship and the court can proceed with support. If parentage has not been established, either parent must file a Petition to Establish a Parental Relationship.
For parents who are not divorcing
Either parent can file a Petition for Custody and Support of Minor Children without filing for divorce or legal separation. This applies to parents who are married or registered domestic partners and wish to establish support orders without ending the relationship.
Child support orders cannot be enforced until the court has issued a formal order. If parents separate without a court order in place, support is not enforceable regardless of any private agreement between the parties.
Duration
How Long Child Support Lasts
Child support in California generally continues until the child turns 18. If the child is still in high school full-time, living at home, and unable to support themselves, support continues until the child turns 19 or graduates from high school, whichever comes first.
In limited circumstances, support may continue beyond age 18 for an adult child with a disability who cannot support themselves and is not self-supporting. Parents can also agree to extend support for other purposes, such as college expenses, although California courts cannot order this without mutual agreement.
Modifications
Modifying Child Support
Income change
a substantial increase or decrease in either parent's income, including job loss, disability, or a significant raise
Custody schedule change
affecting the timeshare calculation
Change in the child's needs
Either parent can request a modification. The modification is effective from the date the request is filed with the court, not from the date circumstances changed. Acting promptly when circumstances change is important.
Enforcement
Enforcement of Child Support
Child support orders are legally enforceable. If a parent falls behind on payments, enforcement options include:
Wage garnishment
directly from the paying parent's employer
Tax refund interception
of state and federal refunds
Property liens
License suspension
driver's license, professional licenses, and passports
Contempt of court proceedings
The Santa Clara County Department of Child Support Services can assist with enforcement at no cost to the recipient parent. James can also assist with private enforcement proceedings when faster or more targeted action is needed.
Speak Directly with James Chau
Schedule a free 20-minute consultation. No obligation. You will speak with James, not a staff member.
Why Clients Choose James Chau
Certified Family Law Specialist by the State Bar of California Board of Legal Specialization
More than 15 years serving San Jose and Santa Clara County as a family law attorney
Experience with child support establishment, modification, and enforcement in Santa Clara County
Direct communication with James throughout your case
Careful analysis of guideline calculations and income disclosure issues
Serves English, Mandarin, and Vietnamese speaking clients upon request
Frequently asked questions
Contact the Law Office of James Chau
The Law Office of James Chau, P.C. represents clients in San Jose and throughout Santa Clara County. If you are ready to speak directly with a San Jose divorce attorney, contact us online or call (408) 899-8364.