San Diego Child Support Attorneys

Protecting Your Rights and Navigating Child Support Matters

Both you and the other biological parent of your child have a legal duty of financial support for each of your children, usually until the child turns 18, or 19 if he or she is still in high school, living at home, and cannot support himself or herself.

How is Child Support Calculated in San Diego County?

The amount of child support due from one parent to another, as mandated by the state of California, is a guideline amount that a computer will calculate. The primary factors used to calculate child support are each parent’s income, the percentage of time each parent has with the child or children, the supported party’s ability to earn, the income taxes each party pays, and other guideline deductions such as health insurance and mandatory retirement.

You and your spouse can agree on a level of support that is not guideline-based, but it must meet the needs of your children and certain other tests. Also, you and your spouse will usually be expected to share equally in medical and dental costs for your children that are not covered by insurance, as well as child care needed while the custodial parent is working.

In San Diego County, child support is typically set using the statewide guideline formula applied through software commonly used by family law courts and attorneys. The judge will review the calculated number, along with your specific circumstances, to decide whether the guideline amount is appropriate or whether any adjustments are justified. When we work with you, we take time to gather accurate information about income, timeshare, insurance costs, and recurring expenses so that the calculation presented to the court is as fair and complete as possible.

Many parents in the San Diego area also want to understand how temporary child support may differ from a final order. Temporary orders are often made early in a case to provide stability while a divorce or parentage matter is pending. These initial orders can have a long-term impact on both parents’ budgets, so it is important to present complete financial information and to think ahead about likely changes in timeshare, employment, or living arrangements. We help you evaluate different scenarios so you can make informed choices before you agree to or contest a proposed support amount.

Speak with a trusted San Diego child support attorney—schedule a consultation online or call (858) 422-1377 for personalized guidance.

Determining a Parent's True Income

While entering the factors into a support calculator and calculating support is an easy process, what can be very complex is determining what a parent’s true income is. This can be especially challenging when one parent is self-employed. Also, calculating true income taxes paid after various tax shelters is a complex matter requiring sophisticated financial knowledge and an understanding of the tax structure and the proper use of guideline calculators.

We at Andrew J. Botros, APC are not only highly experienced at reviewing your financial statements as well as those of your spouse, but we are also conversant and can work easily with financial professionals when true income for support becomes a hotly disputed issue.

True income can include more than just base salary or hourly wages. Courts may look at overtime, bonuses, commissions, recurring investment income, and certain employment benefits when deciding what amount should be used for support purposes. For business owners or independent contractors, this often involves analyzing profit-and-loss statements, tax returns, and bank records to distinguish legitimate business expenses from personal spending that may be run through a business.

In some San Diego child support cases, the court may also consider a parent’s earning capacity if that parent is unemployed or underemployed by choice. This can involve examining work history, education, and job opportunities available in the local market. Our team can help you understand when imputation of income might be raised, what information the judge is likely to find persuasive, and how to prepare documentation and testimony that accurately reflect your financial reality.

Tax Effects of Child Support

Child support is not deductible to the paying party for tax purposes, nor is it reportable as income by the receiving party. We can, however, guide you through a process whereby the IRS will allow you to characterize both child support and spousal support as alimony. (Note: The term alimony is a term used by the IRS. California family law would call this family support.) If you want to explore tax effects, our experience in finances and accounting, and tax issues can guide you through this decision-making process, and we can use our tax consultants for technical interpretations of the Internal Revenue Code and related regulations when an opinion is required.

Parents often need to plan for how support orders will affect their overall tax picture from year to year. Decisions about who claims a child as a dependent, who can take certain credits, and how support is characterized in a judgment can all influence your net income. When you are working with a child support attorney San Diego residents trust, you benefit from advice that considers both the family law rules and how the orders will appear on your federal and California tax filings.

For many families, timing is also an important tax consideration. Changes in employment, bonuses received at the end of the year, or the sale of a business can temporarily increase income and impact the guideline calculation. We help you consider whether it makes sense to resolve support now or to wait until after an anticipated change, and we coordinate with your tax professionals so that your legal strategy aligns with your broader financial goals.

Modification of Child Support

Child support may be modifiable if there is a “change in circumstance.” Usually, a change in circumstance consists of a material change in either parent’s income or in custodial timeshare.

In practice, a change in circumstance can take many forms, such as a job loss, promotion, significant overtime, or a shift in parenting time that alters where the children spend most nights. Parents in San Diego County sometimes also seek modification when a child develops special medical or educational needs that were not anticipated when the original order was made. Before you file a request to modify, we help you evaluate whether your situation is likely to meet the legal standard the court applies.

The process for seeking a modification involves preparing updated income and expense declarations, gathering proof of the change, and filing a formal request with the San Diego County Superior Court. There are decisions about timing, temporary orders, and negotiation that can affect how your case proceeds. We guide you through each step so that you understand what to expect at the court hearing, what information the judge will focus on, and how to present your position clearly and effectively.

Child Support Enforcement

Collecting child support can be a difficult and emotional process. In addition to available community resources such as the Department of Child Support Services, Andrew J. Botros, APC has a team of skillful attorneys who can help you collect current or past due child support.

How We Approach Child Support Cases in San Diego

Parents facing child support questions in San Diego often want to know not only what the law says, but how their attorney will approach the case from start to finish. At Andrew J. Botros, APC, we begin by learning the details of your family situation, your financial picture, and your goals for your children’s future. From there, we develop a strategy that accounts for local court practices, likely judicial expectations at the San Diego County Superior Court, and the other parent’s anticipated position.

Because every case is different, we pay close attention to the factors that can move the needle in your specific matter. In some situations, that may mean focusing on accurate income analysis and practical solutions for self-employed parents. In others, it may involve addressing timeshare schedules, school and activity costs, or support issues that overlap with spousal support or property division. Our role is to anticipate complications before they arise and to explain your options in clear terms so you can make informed decisions at each stage.

We also understand that effective child support representation is not limited to the courtroom. Many cases benefit from negotiation or mediation, particularly when parents will continue to co-parent for many years. We work to resolve disputes efficiently while still preparing for litigation if a settlement is not possible. Throughout the process, our focus is on balancing legal precision with practical solutions that work in the real world for San Diego families.

Understanding the San Diego Child Support Process

Navigating the child support process can feel overwhelming, especially if you have never been in family court before. In San Diego County, a child support case may be initiated as part of a divorce, a parentage action, or through the local Department of Child Support Services. Each path has its own procedures and timelines, and choosing the right approach can affect how quickly you receive orders and how much control you have over the process.

The typical case involves several stages, including filing the initial paperwork, exchanging financial information, attending hearings at the San Diego family law courthouse, and, in some cases, participating in settlement discussions. At each step, deadlines and documentation requirements must be met for the court to consider your position fully. When you work with a child support lawyer San Diego parents can rely on, you receive guidance on what to expect at each appearance and what information will be most important to the judge.

Some parents choose to work with the Department of Child Support Services, while others proceed through a private court case. We help you understand the differences between these options, including how enforcement is handled, how quickly orders can be modified, and how much flexibility you have in structuring agreements. By understanding the overall process from the outset, you can better plan for the time, cost, and emotional energy involved, and you can feel more prepared as your case moves forward.

Frequently Asked Questions

How Long Does Child Support Usually Last?

In California, child support typically continues until a child turns 18, or 19 if the child is still in high school, living at home, and not self-supporting. Support may end earlier if a child becomes emancipated, or it may be extended by agreement in certain situations, such as when a child has significant special needs. Orders can also change over time if a parent successfully requests a modification.

Can Child Support Be Ordered If We Were Never Married?

Yes. Child support obligations are based on parentage, not on whether the parents were married. A court can establish parentage in a separate case and then issue appropriate child support orders. The same statewide guideline formula applies, and the court will still consider income, timeshare, and other relevant factors when setting the amount.

What Happens If the Other Parent Will Not Provide Financial Information?

If a parent refuses to provide required financial documents, the court can order disclosure and may impose consequences for noncompliance. In some cases, the judge may draw negative inferences or make findings based on the information that is available. Parties can also use discovery tools, such as subpoenas, to gather information from employers or financial institutions when necessary.

Do Child Support Orders Affect How We Share Parenting Time?

Parenting time and child support are related but separate issues. The amount of time each parent spends with the children is one factor in the support calculation, but the court focuses on the children’s best interests when making custody and visitation decisions. A disagreement about support should not be used as a reason to withhold parenting time or to interfere with an existing custody order.