WILL THE COURT CONSIDER ORDERING A DECREASE IN PARENT’S CUSTODY TIME FOR FAILURE TO PAY CHILD SUPPORT?

The Court will not order a decrease in custody time as a sanction for failing to pay child support. But, the Court can and does put the hurt on the parent that fails to pay child support in other ways. The Court can order monetary sanctions, and in conjunction with the State and County Government can have driver’s licenses and other professional licenses suspended, intercept state and federal tax return refunds and have the refunds directed to the child support arrearage (the “back support”)

“BUT IT SEEMS ‘FAIR’ THAT IF A PARENT DOESN’T PAY SUPPORT THEY SHOULD HAVE LESS PARENTING TIME.” This is what a lot of people think because this is what a lot of people tell me. However, as I have mentioned before, a California Family Law Court is Not a Court of Public Opinion.

IN CALIFORNIA THE COURT DOES NOT USE A DECREASE IN PARENTING TIME AS A TOOL TO ENFORCE THE PAYMENT OF CHILD SUPPORT. HERE’S THE REASON

The California Superior Court invariably makes a custody and parenting time order (visitation order) first in any divorce case or parentage case (a parentage case is one in which parties with children aren’t married but are separating).

California courts determine parenting schedules based on the “best interests of the child,” considering the child’s health, safety, and welfare. Factors include the child’s age and needs, the child’s attachment to each parent, the ability of each parent to provide a stable and nurturing environment, the child’s community ties, each parent’s willingness to foster a relationship with the other parent, and any history of domestic violence or substance abuse. The Best Interest of the Child is defined in Family Code Section 3011.

After the parenting schedule order has been established. It is possible to establish the child support order which is determined using an algebra equation written into the California Family Law Code. The most important inputs to the equation to calculate child support are the parents’ respective parenting schedule time percentage and their respective incomes.

THE PARENTING SCHEDULE IS DETERMINED FIRST AND IT IS 1 OF 3 IMPORTANT FACTORS IN DETERMINING CHILD SUPPORT

The court will consider the best interests of the child in making custody orders and parenting schedule (visitation) orders, and the Court will consider the  best interests of the child in making orders regarding the child’s financial support. But the Court does not combine those two issues. First, it deals with custody and parenting schedule (visitation) orders and then it deals with child support orders. Learn more about how California Family Law Courts Determine Custody and Pareting schedules.

REASON: The court first wants to ensure the child or children have custody and parenting schedules that are in the child’s best interest.

Generally, this means close and continuing contact with both parents. The parenting schedule must be based on the unique facts in the case (which includes the factors above, and the parent work schedules, the age of the child or children, the history of the relationships of the parents and the children, and other factors. The incomes of the parents are no factors in determining the parenting schedule. That bears repeating, pursuant to the relevant California Family Law statutes concerning establishing custody and parenting schedules the incomes of the parents are unimportant. Once the custody and parenting time schedule order is created it’s possible to mathematically determine the percentage of custody time each parent has. There’s 8760 hours in a year and using the parenting time schedule the court calculates the percentage, it uses the parenting time percentage and the parents’ incomes to determine the guideline child support amount.

THE PARENTS’ RESPECTIVE INCOMES ARE THE OTHER 2 IMPORTANT FACTORS IN DETERMINING CHILD SUPPORT

In California, the “guideline support amount” is the child support amount determined by a statewide formula and calculation that courts are required to use. This formula takes into account both parents’ incomes, the number of children, and the parenting schedule (how much time each parent spends with the children), plus costs for health insurance and childcare. The goal is to provide a consistent and fair amount of support to ensure the child’s financial needs are met.

The court may add on to the child support order some expenses of the children such childcare while a parent works, out of pocket medical expenses, medical insurance for the child and extracurricular activities, and divide those additional expenses between the parents using the parenting schedule and the parents’ respective incomes to arrive at a fair division of the add ons. **Add-on expenses are not always divided evenly. The Court considers the parents’ respective incomes and some other factors in apportioning the add ons. Learn more about how California Family Law Courts Determine Child Support.

TO USE THE THREAT OF DECREASED PARENTING TIME TO COMPEL A PARENT TO PAY CHILD SUPPORT CONTRAVENES THE STATUTORY FRAMEWORK BY WHICH THE COURT DETERMINES THE PARENTING SCHEDULE

The Court will not order parenting time reduced either in an attempt to compel the parent to pay or to punish the parent for not paying. California law separates child support and child custody, they are independent legal issues, which is why a parent cannot use parenting time as a punishment for failing to pay child support, or vice versa. Child support orders are for the benefit of the child and cannot be withheld or used as leverage by the payor, and a court cannot decrease a non-custodial parent’s parenting time as a form of punishment for failing to pay child support.

PARENTS WHO FAIL TO PAY CHILD SUPPORT CAN FACE SIGNIFICANT PENALTIES BUT CALIFORNIA LAW VIEWS PARENTING TIME AND CHILD SUPPORT INDEPENDENTLY, SO A COURT WILL NOT USE PARENTING TIME REDUCTION TO ENFORCE CHILD SUPPORT BUT FAILURE TO PAY CHILD SUPPORT CAN RESULT IN SIGNIFICANT PENALTIES.

Parents’ face significant penalties for failure to pay child support. Among them:

• Driver’s license suspension

• Denial of passport

• Property liens

• Bank levies

• Seizure of state and federal tax refunds

• Intercept lottery winnings

• Garnishment of unemployment, disability, or workers’ compensation benefits

• Reporting to credit agencies

• Income withholding orders

• Contempt of court charges

• Suspension of professional license

If you are facing a custody OR child support dispute or have questions about one, it may be wise to consult with an experienced family law attorney. Understanding the complexities of the laws is crucial for protecting your rights and ensuring a fair outcome.

Attorney Galen Gentry assists clients in Los Angeles County Family Law Courts  and throughout Southern California with child custody, child support, and other issues  in divorce cases and cases where the parties share children but are not married.  Mr. Gentry will  explain a person’s rights and obligations in a family law cause whether they hire him or not. Consultations are free.

Mr. Gentryis a top rated attorney with 30 years experience of helping people to protect their families and their interests in the Courts of Sluthern California.

Call at (310) 282-7521 or contact us online by using the Orange form on the right of your screen to schedule a free consultation.