Wade Litigation represents parents in Novato and Marin County in child support matters: establishing a first support order, modifying an order when income or custody changes, enforcing unpaid support, and defending against claims that overstate what a parent can pay. Our attorneys appear regularly in the Marin County Superior Court at the Civic Center in San Rafael, and we offer a no-cost case evaluation so you understand how the guideline applies to your situation before you act.
How Child Support Is Calculated in California
California uses a statewide guideline formula, set out in Family Code section 4055, that every county applies. The two inputs that matter most are each parent’s net disposable income and the percentage of time the child spends with each parent. Health insurance premiums, mandatory union dues and retirement contributions, support paid for other children, and certain hardship deductions also affect the result. The court must follow the guideline unless a narrow exception applies, so most child support disputes are really disputes about the numbers that go into it: what a parent actually earns, what income should be imputed to a parent who is unemployed or underemployed, and how much time each parent truly has.
Novato sits at the northern end of Marin County, a short drive from the county courthouse in San Rafael and from our San Francisco office. Marin’s high property values mean that even routine disputes here, from a contested trust to a boundary dispute between neighbors, often involve assets worth far more than in most of California.
Income Questions That Decide Marin County Support Cases
For a salaried employee, income is straightforward. For a self-employed parent, a business owner, a farmer or contractor, or an employee paid with overtime, bonuses, per diems or commissions, income is where cases are won and lost. We build the income picture from tax returns, profit and loss statements, bank records and, where necessary, subpoenaed employer records, and we are experienced in asking the court to impute income to a parent who is capable of earning more than they report.
Add-Ons: Child Care, Health Costs and Extracurriculars
Beyond the base guideline amount, the court orders the parents to share work-related child care and the child’s uninsured health care costs, and it may order them to share educational and extracurricular expenses. These add-ons are often overlooked in agreements and then become a source of conflict. We make sure they are addressed clearly in the order.
Modifying a Child Support Order
Support can be modified when there is a material change in circumstances: a job loss, a significant raise, a change in the parenting schedule, or a child aging out. The change takes effect only from the date the request is filed, not from the date the circumstances changed, so delay costs money. We file promptly and prepare the financial declarations and supporting documents the court needs to rule.
Enforcing Unpaid Support
Unpaid child support in California accrues interest and does not go away. Enforcement tools include wage assignments, liens on real property, interception of tax refunds, license suspension and, in persistent cases, contempt. We represent parents who are owed support and parents who are facing enforcement and need the arrears calculated correctly or the order modified going forward.
Child Support and the Marin County Department of Child Support Services
Either parent can open a case with the county’s Department of Child Support Services, which establishes and enforces orders at no charge. DCSS represents the public interest, not either parent, and it moves at its own pace. Many parents retain private counsel to get a faster result, to address custody and support together, or to make sure the income figures the agency uses are accurate.
Why Novato Clients Choose Wade Litigation
Our firm was built by litigators. We prepare every matter to be decided by a judge, which is what produces strong settlements and credible positions in court. Clients also choose us because we return calls, explain the process in plain language, and tell them where their case stands at every step. Our founder, Amiel Wade, has built a record of more than 300 winning cases, and the firm has been recognized by the National Academy of Family Law Attorneys, the American Institute of Family Law Attorneys and the American Institute of Legal Professionals.
Serving All of Marin County
We represent parents in Novato, San Rafael, Mill Valley, Sausalito, Tiburon, Larkspur, Corte Madera, San Anselmo and every other community in Marin County. Consultations are available by phone and video, and in person by appointment. Contact Wade Litigation for a no-cost case evaluation, or learn more about our Novato family law practice.
How is child support calculated in California?
With the statewide guideline formula based primarily on each parent’s net disposable income and the percentage of time the child spends with each parent, adjusted for health insurance, mandatory deductions and other children supported. The court follows the guideline unless a narrow exception applies.
How long does child support last?
Until the child turns 18, or 19 if the child is still a full-time high school student living with a parent. Support for an adult child with a disability can continue longer by agreement or court order.
Can child support be changed?
Yes, when circumstances change materially: a job change, a significant change in income, or a change in the parenting schedule. The modification is effective from the date the request is filed, so it is important to act quickly.
What if the other parent is hiding income or refuses to work?
The court can impute income based on a parent’s ability and opportunity to earn, and we use tax records, bank records and employer subpoenas to establish actual income. These cases turn on evidence, and we build it.
Which court handles child support for Novato residents?
Marin County Superior Court. Support can also be established through the Marin County Department of Child Support Services, which enforces orders at no charge but does not represent either parent.
Does child support cover child care and medical costs?
Work-related child care and uninsured health care costs are ordered in addition to the base guideline amount and are usually shared between the parents. The court may also allocate educational and extracurricular expenses.
Clients Throughout California
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