Child Support

California Court Discusses Continuing Jurisdiction in Child Support Actions

Published on: August 28, 2023 | by Bay Area Family Law Center

In many divorce actions in which parents have joint custody, the courts will deem it necessary to order one parent to pay the other support. As child support obligations are largely income-based, in cases in which a parent’s income fluctuates, it may be difficult to determine an appropriate amount, and the support order may need to be adjusted over time. As discussed in a recent California ruling, the court that issues a support order will generally retain the authority to modify the order as long as it is in effect. If you have questions about child support, it is in your best interest to speak to a Bay Area child support attorney as soon as possible.

The Factual and Procedural History of the Case

It is reported that the parties were briefly married before separating and divorcing; they had one child during their marriage. In the judgment of dissolution, the court ordered the father to pay child support. In 2015, the mother requested a modification, claiming the father had misstated his finances. After a 2017 trial, the court reduced the father’s support obligation and ordered him to make annual Ostler-Smith payments.

Allegedly, in 2019, the father requested a determination of arrears, claiming he overpaid support since 2015. At a hearing, the court assured the mother she could conduct discovery on the Ostler-Smith calculations and present evidence at a future hearing, as the court retained jurisdiction over that issue. Nevertheless, the mother served discovery requests seeking the father’s financial records. The father opposed producing the documents. Continue Reading ›

California Court Addresses the Need to Disclose Experts in Child Support Cases

Published on: July 20, 2023 | by Bay Area Family Law Center

Under California law, parents are legally obligated to financially support their children. As such, in cases of shared custody, the courts will often set forth orders obligating one parent to pay child support to the other. Disputes often arise regarding each parent’s ability to pay, however, and in such instances, parties will often hire experts to support their opinion. A recent California ruling addressed the disclosure requirements for expert reports in child support actions, ultimately rejecting the father’s claim that a report should be excluded. If you need assistance with a child support action, it is smart to speak with a Bay Area child support attorney about your rights.

History of the Case

It is alleged that the mother and father shared custody of their minor son, pursuant to a paternity action, and that the father was obligated to pay child support to the mother. The father subsequently sought to reduce his child support obligation. The mother requested a vocational evaluation of the father. The vocational expert issued a report in which he relied on documents in the record since the father refused to participate in the evaluation. The father filed three motions in limine to preclude the vocational expert report, which the trial court considered and denied.

It is reported that the court held a hearing on the child support issue, during which the father testified about his limited ability to work due to a car accident and presented evidence from his sister in support of his assertion. The expert testified that the father had several job options, including the option of working as a legal assistant, which offered the highest earning opportunity. The court admitted the expert report into evidence. The mother testified about her income and expenses as well. Considering the expert’s testimony and the mother’s financial situation, the court increased the father’s child support obligation by approximately $275 per month. The father appealed. Continue Reading ›

California Court Discusses Imputed Income in Child Support Cases

Published on: July 29, 2022 | by Bay Area Family Law Center

Under California law, parents must support their minor children financially. In the context of child custody cases, this often means that the courts will order one parent to pay the other child support. While child support obligations are typically calculated based on each parent’s actual income, in some cases, they will be determined based on a parent’s earning potential. For example, in a recent California child support case, the court imputed income to the father in the amount he earned prior to quitting his job. If you have questions about your rights and potential obligations with regard to child support, it is smart to confer with a California child support lawyer as soon as possible.

Factual and Procedural Background

It is reported that in December 2019, the mother and the father stipulated to a status-only judgment of dissolution. At the same time, they filed a settlement agreement in which the father agreed to pay the mother $2,500 per month for childcare and child support. The agreement included a report that reflected the monthly wages and salary of the father and the mother as $9,974 and $12,253, respectively. About one month after filing the agreement, the father quit his job. He paid the mother partial child support for two months, then stopped payments entirely.

Allegedly, in June, the father filed an RFO (request for order) in which he claimed he had no income and asked the court to modify his child support obligation. The mother opposed the RFO and requested that the court either continue the current obligation or, alternatively, increase the amount. The court ruled in favor of the mother, ordering the father to pay $2,351 each month in child support plus half of the mother’s childcare expenses. In doing so, it imputed income to the father in the amount he earned prior to leaving his job. The father appealed. Continue Reading ›

Court Explains Timesharing and Child Support Under California Law

Published on: November 4, 2020 | by Bay Area Family Law Center

Many times when the parents of a child end their relationship, they will turn to the courts to decide issues of custody and child support. There are numerous factors that a court should consider in determining an appropriate custody arrangement and support obligation. For example, a court will typically evaluate how much time each parent spends with a child in calculating child support obligations. Recently, a California court discussed a court’s discretion, or lack thereof, in determining an appropriate support obligation, in a case in which timesharing that did not exist was accredited to the father. If you share custody of a child and you or your co-parent wish to seek child support, you should speak to a trusted California child support attorney to discuss your options.

Facts of the Case

It is alleged that the mother and father were parents of a minor child. The mother sought child support, after which the court entered an order based on guidelines that required the court to determine the approximate amount of time the higher-earning parent spent with the child and use that number to calculate an appropriate support obligation. The trial court had attributed a twenty-nine percent timeshare to the father, even though for several years, he had no visitation with the child.

Reportedly, the mother appealed the order as it pertained to the periods in which the father did not spend time with the child, which was approximately five years. The court found in favor of the mother and ruled that the order must be recalculated based on the father’s actual timeshare of the child during the disputed period.

How to Lower Child Support Arrears: Jackson Credits

Published on: November 8, 2019 | by Bay Area Family Law Center

California law does not allow retroactive modifications of child support orders. However, it does recognize what are known as “Jackson Credits” to resolve child support arrears cases. If you believe you are eligible for a modification of what you owe in support, here is what you need to know.

Jackson Credits Defined

Jackson credits arise when a non-custodial parent assumes full custody of a child but fails to file a motion to modify the underlying child support order, custody order, or both. If the non-custodial parent can prove that he provided a primary residence for the child, he can seek credit to reduce or eliminate the amount owed in child support arrears. The court’s rationale in awarding Jackson credits is that the non-custodial parent fulfilled his support obligation by providing a primary residence for the child.

CHOICE OF LAW: WHETHER CALIFORNIA LAW OR ANOTHER STATE’S LAW SHOULD BE APPLIED IN A CHILD SUPPORT CASE THAT ORIGINATED OUTSIDE OF CALIFORNIA.

Published on: February 19, 2019 | by Bay Area Family Law Center

By Ethan M. Weisinger

A client recently asked me, “What do I do about the enforcement of a child support order when both parents have moved out of the state where our child support order was made?”

Under the Uniform Interstate Family Support Act (“UIFSA”, codified at California Family Code §4900, et. seq.), the concept of Continuing Exclusive Jurisdiction (“CEJ”) determines which State has the authority to modify a child support order. UIFSA’s “Controlling Order” is the order to be prospectively enforced. When multiple child support orders exist in a single case, it is necessary to determine CEJ and identify which order is the Controlling Order. Pursuant to UIFSA and Family Code §4909(d), “a tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this chapter or a law substantially similar to this chapter.” The choice-of-law rule for the interpretation of a registered order is: the law of the issuing State governs the underlying terms of the controlling support order, with one exception, and that is if the registering and issuing State have different statutes of limitation for enforcement, the longer time limit applies. (UIFSA §604). In California there is no statute of limitations for collection of child support. Therefore a parent can seek child support arrears even after the child has grown to be an adult.