Child Support Lawyers in San Francisco | Bay Area Law Group
What Is Child Support in California?
Child support is a legal obligation where one parent provides ongoing payments to the other to help cover the child’s living expenses. California uses a statewide guideline to calculate payments based on income, custody time, and other key factors. The guideline is designed to ensure that children share in the standard of living of both parents.
Support is meant to meet the child’s basic needs—housing, food, education, clothing, and medical care. The goal is to ensure that children receive fair, timely and sufficient financial support that reflects California’s high standard of living, and the high costs of raising children.
At Bay Area Law Group, we work closely with clients to gather the necessary financial information, address complex income issues such as RSUs, stock options, or business earnings, and prepare clear arguments for court. Our role is to ensure your case is documented thoroughly and presented persuasively so the judge sees an accurate financial picture and issues a support order that reflects the realities of your situation.
Summary of California Child Support Basics
| Child Support in California | What to Know |
|---|---|
| What Child Support Covers | Child support payments are intended to cover general support, maintenance, and education of the child, including housing costs, food, clothing, educational expenses, medical care, and other needs that are consistent with the child's best interests and the parents; financial circumstances. |
| What are child support add ons | In addition to monthly child support, courts may order additional child support for specific reasons. This additional child support for specific reasons are child support add ons. There are mandatory child support add ons, that include childcare costs that are incurred related to employment or education and reasonable uninsured healthcare costs. There are also discretionary child support add ons, that are ordered in appropriate cases, for specific purposes, like private school tuition in cases where the children have been accustomed to attending private school, or other special needs. Child support add ons are additional child support and are typically divided between parents in proportion to their net disposable incomes unless the court determines a different apportionment is appropriate based on evidence it is presented. |
| California Child Support Calculation | California uses a guideline formula based on both parents' gross monthly income, percentage of parenting time, specific tax deductions, and other children supported. |
| When Child Support Orders Apply | Child support orders are established during divorce proceedings, legal separation, paternity cases, through independent child support petitions in California family court or through the local Department of Child Support Services. Generally, child support obligations remain in effect until terminated by court order or by operation of law. |
| Which Parent Pays Child Support | Typically, the non-custodial parent or the parent with higher income pays child support to the parent with primary physical custody of the child. This is because it is presumed that the custodial parent already contributes a significant portion of resources to the child's support by providing housing, food, and daily care. |
| Child Support Enforcement | In California, child support enforcement is available through a combination of administrative and judicial procedures. Enforcement methods can include wage garnishment, levies, liens, asset seizure, tax refund intercepts, license suspension, and contempt of court proceedings |
| Modifying Child Support Orders | Child support modifications require a material change in circumstances since the last child support was issued, such as a significant change in incomes , change in the custodial timeshare, or changes in the child's needs. |
| Bay Area Child Support Attorney | At Bay Area Law Group, we represent parents on both sides of child support matters—from high earners facing complex compensation structures like RSUs, stock options, and business income, to parents seeking fair support to maintain their child's quality of life. We work with you to gather the right financial records, address disputed timeshare percentages, and bring in financial experts when needed. Our attorneys know how Bay Area courts handle child support, and we build your case with precision so the court sees an accurate financial picture. Whether through negotiation or litigation, our goal is to protect your financial interests while ensuring your child's needs are fully addressed. 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. |
How 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
- Tax filing status
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, including:
- San Francisco
- San Mateo County
- Alameda County
- Contra Costa County
- Santa Clara County
We focus on ensuring the court sees the true 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.
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. Having the right attorney can mean the difference between a support order that reflects the true financial picture and one that is unbalanced or unsustainable.
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. We can run guideline calculations based on your information, explain how different factors may impact the numbers, and help you prepare your position.
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.
Because the formula is based on these specific factors and can shift depending on the specifics, the best way to understand potential outcomes in your case is to consult with an attorney. We can run guideline calculations based on your information, explain how different factors may impact the numbers, and help you prepare your position.
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.
At Bay Area Law Group, we help parents draft voluntary agreements that reflect their shared intent while meeting the legal standards required for court approval.
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 and doesn’t allow deductions for such payments.
Support amounts usually increase with each child, but not at a flat rate. The court still uses the guideline formula and adjusts based on income, time-sharing, and other factors. Our team helps clients understand how multiple children impact their total obligation or entitlement. We can run guideline calculations based on your information, explain how different factors may impact the numbers, and help you prepare your position.
Yes. You can request a modification of child support orders if there is a significant change in circumstances. Common reasons include a change in income, a shift in custody time, or new expenses related to a child’s special needs. At Bay Area Law Group, we handle cases to establish child support orders and cases where modification of child support is needed. We prepare the necessary filings, gather supporting documentation, and present your case so the court has a clear and accurate basis for making its decision.
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.
215 West Portal Avenue, San Francisco, CA 94127
(513) 652-6848
