San Jose Child Support Lawyer

Advocating for You and Your Child’s Best Interests

There are various reasons that two parents may not raise their children together. Perhaps a marriage couldn’t work out, or maybe there was never any serious romantic relationship. Regardless of the underlying circumstance, one parent will often have to make child support payments to the other parent. However, these issues can get complex. That’s why you should speak with a child support lawyer in San Jose, CA today.

At Argyris Mah, LLP, our team of San Jose child support lawyers have extensive experience in child custody and support issues. Even if you go through a local child support agency — of which there are dozens in California — state law will still dictate the specifics of a support order. Unfortunately, many parents end up paying more or receiving less than they deserve because they don’t have legal representation. Our law firm can help.

Contact us online or call (408) 214-6366 today for a consultation.

How Child Support is Determined in San Jose, CA

Child support is a critical aspect of family law that ensures children receive the financial support they need after their parents separate or divorce. In San Jose, CA, child support is governed by California law, which outlines how payments are calculated, enforced, and modified. Whether you are a parent seeking support for your child or the one responsible for making payments, understanding the legal process is essential. At Argyris Mah, LLP, we provide experienced legal guidance to parents navigating child support issues in San Jose. Our skilled family law attorneys ensure that child support orders are fair, legally sound, and in the best interest of your child.

California uses a statewide guideline formula to calculate child support. This formula considers multiple factors, including:

Each parent’s income – Wages, salaries, bonuses, self-employment income, and other earnings.
Time spent with the child – The percentage of custody each parent has directly impacts the support amount.
Health insurance and medical costs – Any premiums paid by either parent can affect the final calculation.
Childcare expenses – Costs associated with daycare, after-school care, or other necessary supervision.
Other expenses – Educational costs, special needs, and other extraordinary expenses may be factored in.

While the California Child Support Calculator helps estimate payment amounts, every case is unique. Argyris Mah, LLP ensures that all relevant financial details are properly evaluated, preventing unfair or inaccurate support orders.

What Factors Go Into Calculating Child Support?

Several factors go into calculating child support in California. These include the gross income of both parents, the amount of time spent with the child, and the disposable monthly income of each parent. Disposable income can significantly affect the calculation, and factors such as health insurance premiums, preexisting child support, and alimony payments can play a role.

A judge will consider all these factors when issuing a child support order. However, they are not always bound by the results of the child support calculation. Certain circumstances may warrant a lesser or greater payment amount. Such situations include parental agreements, extraordinarily high incomes, instances where children have special medical needs, and when there are more than two legal parents (California law allows for this).

Additional circumstances can also result in a child support order that differs from typical calculations. Understanding whether your situation qualifies is important. That’s why you should contact our child support attorneys in San Jose, CA for a consultation today.

Enforcing Child Support Orders in San Jose

Once a child support order is issued by the court, the California Department of Child Support Services (DCSS) helps enforce it. Some enforcement methods include:

Wage garnishment – Child support payments can be automatically deducted from the paying parent’s paycheck.
Bank levies – The state can seize funds from a non-paying parent’s bank account.
Intercepting tax refunds – Federal and state tax refunds may be withheld and applied to overdue child support.
Suspending licenses – Non-payment can lead to the suspension of a driver’s or professional license.
Legal action – A parent who refuses to pay may face contempt of court charges, leading to fines or even jail time.

If your child’s other parent is failing to meet their support obligations, Argyris Mah, LLP can take swift legal action to ensure compliance with court orders.

Modifying a Child Support Order

A child support order is not always a permanent thing. In addition to obligations typically ceasing at a certain age, requesting child support modifications is also possible. Suppose two parents have a stipulated agreement for a certain amount of support that’s less than the state calculation. In that case, they can request a modification to an existing child support order at any time. However, any other modification is only allowable when a significant change in circumstances has occurred.

Various situations can fall into this category. For instance, income or job status changes could allow for a modification. Court orders may also be modified if a substantial change occurs in a parent’s time with their child. Even having a child with someone else could warrant a modification to an existing order. Like other issues involving child support in California, changing a court order can be complex. That’s why you should have a legal professional on your side.

Circumstances change over time, and either parent may seek a modification of the child support order if there is a significant change in financial circumstances. Reasons for modification may include:

A substantial increase or decrease in income
A change in custody arrangements
Unforeseen medical expenses or educational needs
A parent having additional children from another relationship

California law requires that the requesting parent provide sufficient evidence to justify the modification. Argyris Mah, LLP assists clients in preparing strong legal arguments to adjust child support orders when necessary.

Child Support and Custody: How They Interact

Many parents believe that failing to pay child support means they can be denied visitation rights. However, in California, child support and custody are separate legal matters. A parent who is behind on support payments still retains their custody or visitation rights unless a court orders otherwise.

Similarly, a custodial parent cannot refuse visitation to the non-custodial parent as a way of forcing payment. If you are facing custody or support disputes, Argyris Mah, LLP can protect your parental rights while ensuring your child’s best interests remain the priority.

Common Challenges in Child Support Cases

Every child support case is different, but some common challenges parents in San Jose face include:

Underreported income – A paying parent may attempt to hide income to reduce their support obligations.
Self-employed parents – Determining income can be difficult for parents who run their own businesses.
Unemployed or underemployed parents – A parent may claim they cannot pay, even if they have the ability to work.
Interstate child support issues – If one parent moves out of state, enforcing or modifying support orders can be complex.

Our attorneys at Argyris Mah, LLP are experienced in handling these challenges and can conduct financial investigations to ensure support calculations are accurate and fair.

Who Has to Make Child Support Payments?

There’s a common belief that child support services will require men to pay child support. However, this is not always the case. Typically, it’s the non-custodial parent who has to make these payments. Of course, there are many situations where parents share joint custody. This can make determining child support more complicated — particularly under California law.

That’s because California looks at more than just parental income when determining child support obligations. They also look at the amount of time spent with each parent. As such, a lower-earning spouse may actually have to pay child support to their higher-earning ex. This can happen when parents earn similar incomes in a joint physical custody situation.

Clearly, these issues can be complicated. That’s why you should consider speaking with a San Jose child support attorney to figure out your rights and obligations. And since we offer consultations at Argyris Mah, LLP, there’s no reason not to reach out today.

Does a Parent Have Legal Rights When They Pay Child Support?

When a child support order is issued by the courts, it’s typically the case that both parents have certain rights with their offspring. However, paying child support is not what grants these rights. The simple fact is that both parents have a legal obligation to support their children financially. This is true even if they have no other privileges.

For instance, envision a scenario where a judge grants sole legal and physical custody to one parent without visitation for the other. Even though the non-custodial parent seemingly has no rights to their child, this does not negate their responsibility to provide financial support. A parent can return to court to seek visitation or custody, but child support issues are separate altogether.

The Role of a Child Support Attorney

While California provides child support resources, working with an experienced family law attorney can make a significant difference in the outcome of your case. Argyris Mah, LLP helps parents by:

Filing child support petitions and representing them in court
Negotiating fair agreements that reflect both parents’ financial abilities
Enforcing child support orders when payments are not made
Defending against unfair claims or excessive support demands
Handling modifications when financial situations change

We provide personalized legal solutions to ensure that child support orders are in the best interest of the child while being fair to both parents.

San Jose Child Support FAQs

1. Is there a limit on the dollar amount of support that one party can be ordered to pay?

California does not provide a cap for the amount of support that one party can potentially be ordered to pay, unlike many other states. The guideline amount is typically the amount ordered. However, there are circumstances in which the court can and does deviate from the guideline support amount.

2. Is there any remedy if the guideline amount is far greater than what is reasonably necessary to raise a child?

It is possible for the guideline calculation to generate an amount that seems much greater than what most people would think is reasonably necessary to raise a child. What is necessary to raise a child varies from case to case and depends on the child’s lifestyle while the marriage endured. The law provides that a child is entitled to have a lifestyle commensurate with that of his parents. Therefore, in instances when the guideline child support calculated is so excessive that it bears no reasonable relation to either the lifestyle of the parents or the amount of support required to raise a child commensurate with that lifestyle, the court can and may deviate from the guideline.

3. What income is included in the calculation?

Earned income from employment, any and all cash flow from businesses, and recurring interest and investment income can all be included. California law requires that income from all sources be considered. Many people think that the calculation is based on the income reported in a tax return only. However, this is not the case. Often people use personal expenses as business expenses for tax purposes. When this occurs, any expense that is solely for the benefit of a business owner and is not a true expense will be added back to income for the purposes of calculating child support.

4. What happens when the parent receiving support does not use it for the child but instead uses it for personal or other purposes?

Unfortunately, this does happen quite often. In many cases, nothing can be done about this issue, despite best efforts. Guideline support is provided for basic living expenses. It does not include such things as private school tuition, swim lessons, music lessons, summer camp, etc. These costs are usually divided between the parents equally in addition to guideline child support that is paid.

5. Does the parent receiving child support have to pay for all child expenses?

No. As outlined above, child support is for basic living expenses only. Any expenses over and above the basics are usually equally divided between the parents unless they have an agreement otherwise.

6. Is the amount of support the same for each child when there are multiple children?

No, the calculations provide different amounts of support for each child. The youngest child is typically apportioned the most support. The law believes that the younger the child, the higher support needed, which generally doesn’t make sense but the way the legislature sees fit to apportion support.

7. Does child support continue through college graduation?

No. Child Support is terminated when the child reaches the age of 18 and has graduated from high school. If the child reaches 18 and is still a full-time high school student, then child support will continue until the child reaches 19 or graduates from high school, whichever occurs first.

8. What if either parent’s financial circumstances change after the court has ordered child support?

Child support is always modifiable if there is a change in one or both parent’s financial circumstances. It can also be subject to modification if there is a change in one parent’s timeshare with the child.

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Contact a Child Support Lawyer in San Jose, CA Today

Few family law issues can get as complicated and emotional as a child support case. If you’re living through this scenario, you know that matters can quickly become difficult. And even if initial child support issues were handled long ago, changes in circumstances can bring these stressors back to the surface. Fortunately, you don’t have to go through this on your own. A Santa Clara County child support attorney can help.

At Argyris Mah, LLP, we advocate fiercely for our clients in their child support cases. Our team of legal professionals understands the difficulties you’re facing, and we know that it can sometimes be hard to even comprehend how the system works. That’s why we’re here to help. Whether you need help requesting, enforcing, modifying, or fighting back against unfair child support orders, we have the experience necessary to assist.

Contact us today by calling (408) 214-6366 to schedule your consultation. Our child support lawyers in San Jose are here to help.