One of the most common reasons that people hire a Lawyer in California for is a matter regarding Child Support. Unfortunately, many Attorneys don't take the time to explain to their clients some of the tactics that an Attorney handling a Child Support matter will often use.
The lawyer who handles a Child Support matter will develop a plan for their case based on which parent that attorney represents. If the lawyer represents the parent required to pay child support, he make sure that all his client's possible income deductions are factored into the support calculation.
This is because in all California Child Support matters, the Court is required to use a computer program to generate a mandatory amount for the Child Support Order. The computer program applies the relevant tax rate to the paying parent's income when determining the support order. The lawyer representing the client paying child support will want to make sure that the computer figures their client's income at the lowest legally possible net after tax level.
The opposite tactic will be used by the lawyer representing the parent who is receiving child support. That attorney will want to make sure that the support program calculates the paying parent's income at the highest possible net income level. The parent who receives a a support order will want the lawyer for their child support matter to have the Court figure their client's income at that client's lowest net income level. This will cause the support program to calculate the highest possible support order.
Both parents will want to keep a couple of facts in mind when dealing with a Child Support matter.
The first thing is that in California, the Court must make an order based on the Guideline Support Factors. In other words, the computer calculation must be followed by the Judge unless the Court believes that it is in the best interest of the children to deviate from the calculation.
The next fact that a lawyer handling a child support matter must tell their client is that Child Support orders are always modifiable based on a change of circumstances. The most common circumstances are usually an increase or decrease in either parent's income or a change in the custody schedule.