Whether you're a potential recipient or payor in a child support dispute, Barsamyan Family Law APC helps ensure children receive the resources they need. Our number one priority is the well-being of your children, and we work tirelessly to achieve fair, equitable support arrangements that serve their best interests.
How Child Support Is Determined in California
Whether parents are facing a divorce or simply plan to care for their shared child separately, both parties are responsible for a portion of the child support amount. In cases where parents share custody, the amount of time a child spends with each parent will affect the amount of child support that is owed.
California uses a statewide statutory guideline formula to calculate child support, codified at Family Code section 4055. The guideline produces a presumptively correct amount of support, which the court may deviate from only on specific findings under Family Code section 4057. The formula considers the following key factors:
Gross income of each parent. This includes wages, salaries, commissions, bonuses, rental income, investment returns, and other sources of income. For self-employed parents, determining true income may require forensic accounting analysis.
Time the child spends with each parent. The percentage of time each parent has physical custody directly affects the support calculation. More time with the higher-earning parent generally reduces the support obligation.
Childcare and health insurance costs. Mandatory add-ons to the guideline amount include work-related childcare costs and the cost of health insurance for the children. These are typically shared in proportion to each parent's income.
Tax filing status and deductions. Each parent's tax situation affects their net disposable income, which is the basis for the guideline calculation.
While this is not an exhaustive list, it gives you an idea of what you'll need to gather to get a plan started. Child support by definition is intended to be applied to a child's basic needs — housing, food, clothing, education, and healthcare.
High-Earner Child Support Cases
We have extensive experience in high-earner and imputation of income cases, working with forensic accountants and vocational evaluators where appropriate. When a parent's income exceeds the guideline calculator's capacity, courts have discretion to deviate from the formula.
In high-net-worth cases, additional considerations include:
Complex income structures. Executives and business owners often have income from multiple sources — base salary, bonuses, stock options, partnership distributions, and perquisites. Properly characterizing all income sources is essential to an accurate support calculation.
Imputation of income. When a parent is voluntarily unemployed or underemployed, the court may impute income — that is, calculate support based on what the parent could earn rather than what they actually earn. Vocational evaluations help establish earning capacity.
Children's actual needs. In high-income cases, courts may consider the children's actual needs and the marital standard of living to determine an appropriate support level that exceeds the guideline amount.
Social Security Derivative Benefits
When a parent obligated to pay child support is disabled or retired and the child receives Social Security derivative benefits based on the parent's earnings record, those derivative payments are generally credited against the parent's guideline support obligation. In re Marriage of Hall & Frencher (2016) 247 Cal.App.4th 23. The interaction between Social Security derivative benefits, dependency benefits, and child support requires careful analysis to ensure the correct credit is applied and that the support order properly reflects the child's needs and the parent's available resources.
Obtaining Child Support in Los Angeles County
Though there are numerous child support agencies in California, we have extensive experience working with the agency in Los Angeles County to help children and families get the resources they need. Whether you need to establish an initial support order, enforce an existing order, or modify support based on changed circumstances, our firm can guide you through the process efficiently.
The Department of Child Support Services (DCSS) can help establish and enforce support orders, but many parents prefer private representation to ensure their interests are fully protected and to handle matters more expeditiously.
Additional Child Support Expenses
Beyond the basic guideline amount, California law allows courts to order additional support for:
Uninsured healthcare costs. Medical, dental, orthodontic, and mental health expenses not covered by insurance are typically shared between parents.
Educational expenses. Private school tuition, tutoring, and special education needs may be ordered as additional support in appropriate cases.
Extracurricular activities. Costs for sports, music lessons, camps, and other enrichment activities that the child participated in during the marriage may be shared.
Travel expenses for visitation. When parents live far apart, the costs of transporting the child for visitation may be allocated between the parties.
How to Modify Child Support Agreements
We understand that life and financial circumstances can change. Whether incomes rise or fall, someone gets laid off, someone remarries, or an additional child comes into the picture, there are many reasons why a child support order may need to be modified. A modification requires demonstrating a "change in circumstances" since the original order.
Common grounds for modification include:
Significant change in either parent's income — whether an increase or decrease — may justify recalculation of the guideline amount.
Change in custody or timeshare. If the parenting schedule changes significantly, support should be recalculated to reflect the new arrangement.
A parent becomes seriously ill, incurring steep medical costs and/or impairing their ability to work.
A parent gains financial responsibility for another child, which may affect their ability to pay at the current level.
A parent is incarcerated, which eliminates their ability to earn income during confinement.
When Do Child Support Payments End?
Under Family Code section 3901, the duty of child support ends when an unmarried child turns 18 — unless the child is still a full-time high school student and not self-supporting, in which case support continues until the child completes 12th grade or turns 19, whichever comes first.
Support may also end earlier through emancipation under Family Code sections 7000–7002, which can occur through:
Marriage or domestic partnership of the minor child (Family Code §7002).
Active-duty military service by the minor child (Family Code §7002).
A court order of emancipation under Family Code section 7002, which requires the minor to demonstrate financial self-sufficiency.
Critical warning: Child support does NOT terminate automatically when any of these events occur. The paying parent must file a Request for Order with the court to formally terminate the support obligation. Until the court enters a new order, the existing order remains in full force and effect. A paying parent who unilaterally stops payments faces contempt exposure under Code of Civil Procedure section 1209 and possible wage garnishment under Family Code section 5230 et seq. Any arrears accrued before the termination event survive and remain enforceable — child support arrears do not expire when the child reaches adulthood.
Enforcement of Child Support Orders
When a parent fails to pay court-ordered child support, California provides powerful enforcement tools including wage garnishment, tax refund intercepts, license suspensions (driver's, professional, and recreational), passport denial, property liens, and even contempt of court proceedings that can result in jail time.
Reach a Fair Child Support Agreement
As a mother of three, Attorney Rose Barsamyan knows the importance of getting children the resources they need. With our thorough understanding of child support laws in California, we can help you reach a fair and equitable agreement that prioritizes your children's well-being.
Whether you are seeking to establish, modify, or enforce a child support order in Beverly Hills, Los Angeles, or the surrounding areas, Barsamyan Family Law APC provides the experienced, compassionate representation your family deserves.