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San Diego Child Support Lawyer

Legal Representation for Child Support Requests & Modifications From an Experienced San Diego, CA Attorney

Child support agreementUnder California law, all parents have a duty to provide financial support for their children. Either parent may request child support. This issue is often addressed during the divorce process, but support may be requested at any time when parents are not married.

Because each situation is unique, it can be helpful to seek the advice of an experienced San Diego child support lawyer. At Embry Family Law P.C., we make sure our clients are receiving or paying the appropriate amount of support.

If you have questions about child support, contact our child support lawyer in San Diego for a consultation.

How is Child Support Calculated in California?

California has specific guidelines for child support. These guidelines use a formula to calculate support payments, which considers:

  • The number of children
  • The custody arrangement
  • Healthcare costs
  • Education costs
  • Childcare expenses

In most situations, the amount shown in the guideline formula is presumed to be correct. The court may deviate from the guideline but will generally only do so in unique cases.

What Is Included in Child Support in California?

Child support payments should cover food, clothing, housing, education and other essentials. Other expenses can be ordered by the judge or agreed to by the parents, such as:

  • Childcare;
  • Medical bills;
  • Travel costs for visitation; and
  • Extracurricular activities.

Can Parents Agree To No Child Support in California?

Under California Family Code, if the court orders one or both parents to contribute to child support, the parents legally cannot refuse these orders. Since financial support is integral to taking care of the child, waiving child support is considered to be against the child’s best interests.

Modifying & Ending Support Payments

Child support payments generally continue until the child reaches the age of 18, or 19 if the child has not graduated from high school. The amount of child support awarded may not be appropriate in the future. If there is a change of circumstances, the court may modify the original order by either increasing or decreasing the payment amounts.

Child support may be modified if one party has experienced a significant change, such as:

  • Job loss
  • Promotion
  • Change in income
  • Severe illness or injury
  • Loss of a loved one
  • Relocation

Can a Lawyer Help Reduce a Child Support Order?

Before you file a modification request for adjustment on a custody agreement, your attorney will need any additional evidence including:

  • Tax returns
  • Pay stubs
  • Bank statements
  • Letter of employment termination
  • Other financial information that may be relevant

It is recommended to hire a child support lawyer in San Diego for guidance on a motion to modify request. Our San Diego child support attorney has the legal knowledge and experience necessary to ensure that child support is correctly calculated, that all special circumstances have been considered, and that you are paying or receiving the right amount of support. When circumstances change, our California child support lawyer can help you request a modification.

Please contact us at (619) 485-6476 to learn how California child support law applies to your situation.

The Embry Family Law P.C. Team

  • Ben E. Embry Photo
    Ben E. Embry

    Founding Attorney

    Ben was born and raised in Henderson, Kentucky, and attended the University of Kentucky. He did not leave Kentucky until he moved to San Diego to attend law school in 2006. Ben grew up on his father’s farm, doing the things that most “farm boys” do: Plowing the fields, tending the cattle, and harvesting crops, all while leaving enough time to fish in the pond. Working for his father is what gave Ben the work ethic he has today. Despite the fact that farming was in his blood, Ben decided early on ...
  • Nicholas  Montano Photo
    Nicholas Montano

    Senior Paralegal/Office Manager

    Nicholas is a native San Diegan who grew up in Golden Hills, right by the 94 freeway. As the middle of three siblings, he was and is the “peace maker” in the family. At Embry Family Law P.C., Nicholas enjoys supporting clients by explaining the process to them, listening to their concerns, and assuring them that they are in good hands and that everything will be okay. Nicholas attended St. Augustine High School and Cuyamaca Community College, and he is working on his last semester to become ABA ...
  • Shyanne  Mortimer Photo
    Shyanne Mortimer

    Lead Litigation Paralegal

    Shyanne was born in Concord, California where she lived for the earlier parts of her life before moving to Fresno California. In 2018 she graduated from Clovis West High School and continued her education at her local private college, Fresno Pacific University. She graduated a year early in 2020 with her Bachelor's Degree in English and an emphasis in classic literature. She is a first generation college graduate and used this as fuel to pursue her education further. In 2021 she attended the ...
  • Daniel  Ledesma Photo
    Daniel Ledesma

    Legal Assistant

    After receiving his bachelors in Law & Society at the University of California, Riverside, native San Diegan Daniel Ledesma has worked in two legal fields whilst he prepares for his next stop: Law School. Growing up in a diverse setting that San Diego entails, Daniel wants to enrich his legal expertise and assist individuals within his community who may not be 100% knowledgeable with their rights. Prior to joining Embry Family Law, Daniel worked in Immigration law and took a vast amount of pride ...
  • Gabriele  Finley Photo
    Gabriele Finley

    Litigation Paralegal

    I am a graduate of California State University San Marcos with a Bachelor of Arts in Social Sciences. I unexpectedly found my passion for the legal field during a Sociology of Deviance class and went on to earn my Paralegal Certificate from the University of San Diego School of Law. I have always had a strong inclination towards Family Law, and my love for it stems from my passion for being a genuine advocate for others. In my free time, I enjoy exploring different areas of San Diego, cooking ...
  • Carmen  Caserta Photo
    Carmen Caserta

    Associate Attorney

    Carmen was born in Los Angeles, CA, and grew up in the San Fernando Valley. She moved to San Diego as a budding singer/songwriter in 2001, when she was just nineteen years old. After spending a few years teaching herself to play piano and write music, Carmen began to feel a strong pull toward academic pursuits. With a lifelong fascination surrounding the complexities of the human experience, she decided to pursue a BA in psychology and graduated with Honors from Chapman University in 2008. ...
  • Julie  Mekhael Photo
    Julie Mekhael

    Law Clerk

    Julie was born in Los Angeles, CA, where she then grew up in East Highland Ranch with her fun family of 5. In 2010, she and her family moved to Sunny San Diego, where she graduated from Torrey Pines High School and continued her education at the University of California San Diego (UCSD), receiving her bachelor’s degree in political science. Her early love for competitive swimming, which started at the age of 5, carried her through her college years. But a new path called her when she made the ...

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