San Diego Child Support Attorney

California's guideline formula

California uses a single statewide guideline formula for child support, codified at Family Code section 4055. The formula produces a presumptive correct amount that the court will order in almost every case — the statutory exceptions to guideline are narrow (extraordinarily high income, special-needs children, deferred sale of the family home, and a few others).

The main inputs to the formula are each parent's gross monthly income from all sources, the percentage of primary physical responsibility each parent has for the child, tax filing status, and certain deductions like health-insurance premiums for the child, mandatory union dues, and mandatory retirement contributions. The formula is run through court-approved software — X-Spouse is the industry standard — and both sides typically produce printouts using the same assumptions so the judge can see the guideline number cleanly.

Income for support

"Income" for support purposes is broader than what shows up on a W-2. It includes wages, salaries, bonuses, commissions, self-employment net income, rental income, investment income, unemployment benefits, disability benefits, and workers' compensation. For self-employed parents, the court usually looks at Schedule C net income after legitimate business deductions but adds back items like depreciation and personal use of business assets. When income is disputed, the case can require formal discovery — subpoenas to banks, tax return production, and sometimes a forensic accountant.

Timeshare percentage

The timeshare input is the percentage of primary physical responsibility each parent has, which usually tracks the parenting-time schedule. Small differences in timeshare can produce meaningful differences in the guideline amount, especially at ratios near 50/50, which is one reason custody and support cases are often heard together.

Initial orders, modifications, and enforcement

Initial orders

An initial child-support order is requested by filing a Request for Order (Form FL-300) and an Income and Expense Declaration (Form FL-150). Both sides exchange income documentation before the hearing. In most cases, the judge signs a support order that follows guideline, effective back to the filing date or a later date the court specifies.

Modifications

California child support is always modifiable on a change of circumstances. Common changes include one parent losing a job or changing jobs, a change in the parenting-time schedule, a new child from another relationship, or a shift in health-insurance costs. Modifications are requested with the same Form FL-300 filed in the case that issued the original order. Support modifications generally take effect on the date the request is filed, which is one reason not to wait if your income has dropped.

Enforcement

Unpaid support accrues interest at the California statutory judgment rate and cannot be discharged in bankruptcy. Enforcement tools include wage garnishment (an Earnings Assignment Order that goes directly to the employer), tax refund interception, driver's license and professional license suspension, passport denial, credit reporting, and, in serious cases, contempt proceedings. The San Diego Department of Child Support Services can also assist with enforcement at no cost to the receiving parent.

What I do for child-support clients in San Diego

I work on child support both as a standalone matter (typically inside a paternity case) and as part of a divorce. The work starts with getting the income picture right — pulling pay stubs, tax returns, and profit-and-loss statements, running X-Spouse with defensible inputs, and, if income is being understated, making a record for a Request for Order. For self-employed parents I ask more questions early so the case does not stall at the hearing on a disputed income figure.

On the enforcement side, I help clients decide when to enforce privately versus opening a case with the Department of Child Support Services. Private enforcement is often faster; DCSS is free but has a heavier caseload. Which route makes sense depends on the amount owed, the paying parent's employment situation, and whether there is an ongoing custody case in the same file.