Child Support Attorneys in San Francisco
We handle child support cases involving complex income and high stakes, making sure compensation structures are presented clearly to the court.
Schedule a ConsultationHow Is Child Support Calculated in California?
California follows a formula set by Family Code Section 4055. It accounts for each parent’s income, how much time each spends with the child, and a range of other financial details.
Courts may also look at:
- Health insurance costs
- Childcare expenses for working parents
- Existing support orders for other children
At Bay Area Law Group, our role is to prepare your case with precision and present your position clearly. We gather and organize the necessary financial records, address complex compensation issues such as RSUs, stock options, or business income, and support your custody timeshare position with evidence. By making sure the court has a complete and accurate financial picture, we advocate for a child support order that reflects the realities of your situation.
When Should You Talk to a Child Support Attorney?
Child support issues often surface during a divorce or child custody case. But you don’t need to wait for a court battle. You can speak with an attorney anytime you want to establish support, modify an existing order, or collect unpaid amounts.
Some situations where we can help include:
- A parent refuses to pay or falls behind on support
- There’s a significant change in income, job status, or custody time
- Support terms were never formally filed with the court
- You’re concerned the calculation was inaccurate
- The current order no longer reflects the child’s needs or your financial circumstances
We focus on practical strategies and realistic solutions. Our attorneys represent your interests both in and out of court, whether that means negotiating terms or litigating disputes involving complex compensation, business income, or contested custody time.
Are Child Support Orders Enforceable?
Yes. Once a court orders child support, the paying parent must follow it. Missed payments can trigger wage garnishment, license suspension, the accrual of interest on the amount owed, or other penalties.
Some parents use the assistance of California’s Department of Child Support Services (DCSS) to help collect and enforce support, while others handle enforcement through their family law case without DCSS involvement. In either situation, having an attorney makes the process more effective by ensuring the numbers are accurate and the court has the right documentation.
At Bay Area Law Group, we help parents who are owed support pursue enforcement, and we represent clients facing enforcement actions to ensure their rights are protected. We also assist with modifying existing orders when circumstances have changed, making sure the court has a clear and accurate picture.
Modifying an Existing Child Support Order
Life changes. Income shifts. Custody schedules evolve. When the current order no longer reflects your situation, you can ask the court for a modification.
Courts will consider a request for modification of child support if either parent has a significant change in income, custody time, or if a child has new special needs. A job loss, new childcare expenses, or a move that affects time-sharing may justify a revised child support order.
Because child support modifications can be applied retroactively to the date you file your request, it’s important to act quickly. Waiting to file could mean that you’re paying or receiving support at the unchanged amount for months.
At Bay Area Law Group, we guide you through the process by filing timely accurate requests and presenting the financial records and evidence the court needs to make a decision. Our goal is to position your case clearly and effectively, so the outcome reflects your family’s current reality.
How Child Support Affects Custody and Parenting
Support and custody go hand in hand. California courts use parenting time to calculate payments, but they also look at how parents share responsibilities.
You don’t need full custody to request support. What matters is the percentage of time each parent spends with the child and the relative financial situation of both parents.
We help clients address child support in the context of divorce, paternity, or standalone support cases. Whether that means negotiating an agreement with the other parent or presenting the issue to the court, we bring clarity to the numbers and focus on achieving a fair outcome.
Why Parents Choose Bay Area Law Group for Child Support
Parents with complex financial situations rely on us for clear guidance and strong advocacy in child support cases. We frequently handle matters involving executive compensation, RSUs, stock options, business income, royalty income, and other forms of sophisticated pay. We understand how local courts handle these cases across the Bay Area.
We focus on ensuring the court sees the full financial picture, not overstated income or incomplete disclosures. Every case gets personal attention, and we prepare each filing with the precision required for high-stakes matters, so your position is thoroughly documented and persuasively presented.
Our team serves clients across the Bay Area including: San Francisco, Oakland, San Jose, Berkeley, Walnut Creek, San Mateo, Redwood City, Belmont, Atherton, Palo Alto, and all Bay Area counties including Alameda, Santa Clara, Contra Costa, and San Mateo.
Child Support Cases We Handle
| Case Type | Description | Ideal For |
|---|---|---|
| Establishing Child Support | Creating initial child support orders during divorce, separation, or paternity cases | Parents who need to establish support for the first time |
| Child Support Modifications | Adjusting existing orders when income, custody, or circumstances change significantly | Parents with changed financial situations or custody arrangements |
| Child Support Enforcement | Collecting unpaid support through wage garnishment, liens, or contempt proceedings | Parents owed back child support |
| Complex Income Cases | Cases involving RSUs, stock options, business income, bonuses, or other non-traditional compensation | Executives, business owners, and high-income professionals |
| Defense Against Enforcement | Representing parents facing enforcement actions to protect their rights | Parents facing wage garnishment or other collection efforts |
| Voluntary Support Agreements | Drafting agreements that meet legal standards for court approval | Parents who want to reach agreement outside of litigation |
Frequently Asked Questions About Child Support in California
Yes. Child support in California is based on a formula, but the outcome depends heavily on how income, deductions, and parenting time are presented. With complex compensation like RSUs, stock options, bonuses, business income, or royalties, the numbers can be mischaracterized, leading to inflated or unfair orders.
A lawyer helps you prepare accurate income records, challenge errors, and present your position clearly to the court. Legal representation also matters if you need to enforce unpaid support or request a modification when circumstances change.
There isn’t one. California doesn’t use a flat rate or average for child support. The amount is entirely case-specific and depends on factors like each parent’s income, the parenting time split, and allowable deductions such as retirement contributions, mortgage interest, or property taxes.
Because the formula is based on these specific factors and can shift with even small changes in income or custody percentages, the best way to understand potential outcomes in your case is to consult with an attorney.
Parenting time and income matter most. Generally, the more time a parent spends with the child, the less they typically pay. But child support calculations also take into account other details like health insurance costs, daycare, taxes, and existing obligations. No two cases are the same.
If both parents earn similar incomes and share time equally, child support may be low or not required. But if one parent earns more than the other, they may still need to pay. Time share and income are not the only factors considered when child support is calculated; the formula also considers factors like retirement contributions, mandatory union contributions, mortgage interest, property taxes, etc.
Yes. Parents can agree on child support without going through a full court hearing, but the agreement must be reviewed and approved by the court to be enforceable. The terms must be in writing, signed, and structured to meet the child’s needs. Parents cannot waive a child’s right to support, and the court will only approve the agreement if it serves the child’s best interests and complies with California’s guidelines.
No. In California, child support is not counted as income for the parent receiving it. The paying parent cannot deduct payments from their taxes. It’s considered a neutral transfer for the child’s benefit. This treatment aligns with federal income tax law which also excludes child support payments from taxable income.
Schedule a Consultation for Your Child Support Attorney Services in San Francisco
We make it easy to get started. Schedule a consultation with one of our family law attorneys and get answers based on your specific situation.
Call us or use our online form to book a time that works for you.
We serve clients across the Bay Area including San Francisco, Oakland, San Jose, Berkeley, Walnut Creek, San Mateo, Redwood City, Belmont, Atherton, Palo Alto, and surrounding communities.
Child Support Services Throughout the Bay Area
Bay Area Law Group provides child support representation to clients in the following communities:
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