Working With a San Diego Child Support Attorney: What the First Six Weeks Look Like

"How long until we have a support order?" is one of the first practical questions on a new child-support case. The honest answer is that a lot depends on when the FL-150 gets completed and how quickly a hearing date comes up in the San Diego Superior Court calendar. But the shape of the first six weeks is fairly consistent.

This post walks through what actually happens between the intake meeting and the initial support order, so you can see how the case moves and where your work is needed.

Week 1: intake and document collection

The first meeting covers the basics: whether there is an existing family-law case open, whether the other parent is represented, whether the parents are married, whether there is a custody order, and what the timeshare with the child looks like today. If there is no open family-law case, we usually need to open one — either as part of a divorce, as a paternity (parentage) case under the Uniform Parentage Act if the parents were not married, or in some cases through San Diego DCSS.

After intake, the first task is document collection. The client leaves the meeting with a specific list: the last three years' tax returns; the last two months of pay stubs (or year-to-date income statements if self-employed); monthly household expense figures; the current cost of health insurance for the child and any child-care costs; and, if a business is involved, its recent profit-and-loss statement and any recent business tax return.

Weeks 2-3: drafting the FL-150 and the Request for Order

The FL-150 Income and Expense Declaration is the core support document. It has to be accurate, complete, and supported by attached documents. Drafting a good FL-150 is not "fill in the blank." A W-2 employee's FL-150 might take an hour if the pay stubs are clean; a self-employed parent's FL-150 might take considerably longer.

While the FL-150 is being drafted, we also draft the Request for Order (FL-300) itself, the proposed order (FL-343 or a custom order), and the supporting declaration. The Request for Order specifies exactly what we are asking for: child support in a specific amount (or "guideline"), add-ons allocated a specific way, retroactivity, and any related orders (health insurance, wage assignment).

Week 3: filing and service

Once the FL-150, RFO, and declaration are drafted, we file with the San Diego Superior Court and get a hearing date. The RFO packet is then personally served on the other parent (or their attorney of record if they have one), with at least the minimum statutory notice before the hearing. Service is what starts the other side's clock for filing a responsive declaration and their own FL-150.

Weeks 4-5: the other side responds; X-Spouse preview

After service, the other parent files a responsive declaration and their own FL-150. That is when both sides first see the actual income picture from both households. I run a preview X-Spouse calculation using both FL-150s and the current parenting-time schedule so we know what the guideline number looks like heading into the hearing.

This is often the moment a settlement becomes possible. When both sides know the guideline number, and it lines up with expectations on both sides, the case can resolve by stipulation without a contested hearing. When it does not — because the FL-150 inputs are disputed, or because income imputation is on the table — we head into the hearing.

Week 6: the hearing

San Diego family-law hearings on Requests for Order are usually short. The court has read the pleadings before the hearing, and the argument at the podium focuses on the two or three disputed inputs to the guideline calculation — income imputation, add-ons, timeshare percentage, or the retroactivity of the order. The court then runs X-Spouse on the record (or the parties do it on the record) and orders the guideline number, plus specific allocations of add-ons.

After the hearing, the order has to be reduced to a written Findings and Order After Hearing (FL-340) with a child support attachment (FL-342). Judges sometimes hand over drafting to counsel, sometimes prepare their own. The written order is what gets served on the other side, gets entered as an enforceable court order, and generates the wage assignment.

What happens after the order

Wage assignments are mandatory on every new California child-support order unless waived under Family Code section 5260 (and the waiver requires specific findings). Once the written order is entered, a wage assignment (FL-195) issues and gets served on the paying parent's employer, so the support comes directly from the paycheck.

The order also specifies how add-ons will be paid — typically an equal share or an income-proportional share — and often has a reimbursement mechanism (usually 30 days after the requesting parent produces a receipt).

Modifying or enforcing later

Once the initial order is entered, later work is modification (on a change of circumstances) or enforcement (when the paying parent falls behind). The modification and enforcement mechanics are covered in the what-an-attorney-adds post and the child support practice area. The relevant point here is that the initial order is a starting point, not a permanent number — the case can be reopened when circumstances genuinely change.

Ready to talk it through

Getting an initial California child-support order takes preparation and follow-through, but the moves are specific. If you want to walk through your case, you can reach me at (619) 250-2683 or through the contact form. I appear on child-support matters at all four San Diego County family-law courthouses.