Los Angeles & the Bay Area Child Support/Parentage Attorney for High and Extraordinarily High Earners
When a married couple has a child in California, the husband is generally assumed to be the father. However, in cases involving unwed parents, a parentage case is sometimes necessary to determine the child’s biological father. This determination is needed for family law matters related to the child, such as child support, child custody, and parenting time orders.
At Wedeking Family Law, we help our clients establish parentage, dispute parentage, and handle all family law matters related to parentage. If you have questions about parentage or another family law matter, contact Los Angeles and the Bay Area support and parentage attorney Ryan Wedeking today at (310) 916-5171 for a consultation.
Child Support Laws in California
In California, both parents are legally required to support their children financially. Ideally, parents can agree on how to share this responsibility without court intervention. However, if an agreement cannot be reached, the court can issue a child support order.
Child support is a monthly payment mandated by the court to help cover the child’s living expenses. The amount is based primarily on the incomes of both parents and the physical timeshare of the child between them. Based on these (and other) inputs, courts calculate “guideline” child support according to a formula.
Child Support for “Extraordinary” High Earners
Courts may deviate from the “guideline” formula when applying the formula would be unjust, including when the payor has “extraordinarily high income.” (See Fam. Code, 4057.) Guideline support is deemed to be presumptively correct, so it is the extraordinarily high earner’s burden to show that guideline would be inappropriate and not in the child’s best interest. (See, e.g., In re Marriage of Hubner (2001) 94 Cal.App.4th 175.) Determining what amount of non-guideline support is a highly fact-intensive inquiry, and often depends on the age of the child. For instance, a healthy infant may have lower expenses than a 16 year-old child who attends an elite private school, receives private tutoring, participates in expensive extracurricular activities, and drives a luxury car. Determining the appropriate amount for each category of a child’s expenses may require expert testimony.
In California, for an extraordinarily high income earner, the difference between guideline child support and a lower, adjusted amount can be tens of thousands of dollars per month, sometimes over $50,000 per month. So, persuading the Court that it is appropriate and in the best interest of the child to adjust support downward from guideline can have a major financial impact. For that reason, it is very important for extraordinarily high earners to have an attorney who understands the complexities of the law relating to extraordinarily high earners and can effectively apply the law to the facts of the case.
What is Parentage?
Under California law, parentage is the legal relationship between an adult and a child. If you are unmarried with a child, you may file a case to establish parentage. In such cases, the applicant asks the court to make a ruling on who the child’s parents are. Since the mother is already known, these cases are generally about establishing who the father is.
According to the Judicial Branch of California, only legal parents may have custody and visitation orders for a child. Legal parents are also responsible for financially supporting their children. You are considered a child’s legal parent if any of the following circumstances apply:
- You are the child’s biological parent (not a surrogate).
- You and the other parent were married or registered as domestic partners at the time of your child’s birth or conception.
- You and the other parent signed a Declaration that legally establishes you both as the parents.
- A judge has ruled you are a legal parent in a court proceeding (such as a child support, juvenile dependency, domestic violence, or adoption case).
Why is it Important to Establish Parentage?
Legal parents have certain rights and responsibilities regarding their children. Establishing parentage is necessary to protect parental rights and ensure that parental responsibilities are fulfilled. If the child’s parents were unmarried when the child was born, the child has no legal father and parentage must be established through the court system.
Child Support
Establishing parentage is necessary for securing child support. When legal parentage is confirmed, the court can mandate a parent to contribute financially to the child’s upbringing. This ensures that the child receives adequate financial support for necessities like food, housing, education, and healthcare.
Without established parentage, obtaining child support can be challenging. Legal recognition of parentage provides a legal basis for enforcing child support orders. This financial responsibility helps reduce the economic burden on the custodial parent and ensures that both parents contribute to the child’s needs.
Child Custody
Legal parentage is necessary to determine child custody arrangements. Once parentage is established, both parents have the right to seek custody and visitation. This legal recognition ensures that both parents can play an active role in the child’s life.
In custody disputes, established parentage provides a framework for courts to make decisions that serve the best interests of the child. It helps in determining who has legal and physical custody and in setting up a visitation schedule that ensures the child has contact with both parents.
Legal and Physical Custody
Establishing parentage is essential for granting parenting time and decision-making rights. Once parentage is legally recognized, a parent gains the right to spend time with their child and participate in important decisions regarding the child’s life, such as education, healthcare, and extracurricular activities. California generally considers the involvement of both parents as vital for the child’s development and well-being.
Legal parentage also helps resolve disputes regarding parenting time. Courts can create and enforce parenting plans that detail each parent’s responsibilities and rights. This legal framework helps minimize conflicts and ensures that both parents have a structured and consistent role in their child’s life.
What is the Role of a Parentage and Support Attorney?
A parentage and support attorney provides essential legal representation and advice. They guide clients through the complex processes of establishing parentage and securing child support. These attorneys are well-versed in family law and understand the complicated details of legal procedures and paperwork. They help clients navigate the legal system and ensure all necessary documents are accurately completed and filed on time.
Beyond paperwork, a parentage and support attorney can provide valuable insights into the rights and obligations of their clients. They explain the legal implications of establishing parentage, child support, and custody arrangements.
In child support cases, an attorney can help ensure fair calculation and enforcement of child support payments. They help clients understand the factors considered in determining child support and work to ensure that the calculated support amount is fair and sufficient to meet the child’s needs.
Handling disputes and modifications is another key role. Attorneys represent clients in negotiations and court proceedings and advocate for adjustments in child support when circumstances change. Their ongoing support helps maintain fair and appropriate child support over time, ensuring that the child’s needs are met.
Learn More From a Los Angeles & Bay Area Extraordinarily High Earner Child Support and Parentage Attorney
If you have questions about parentage, child support, or another family law matter in Los Angeles or the Bay Area, Wedeking Family Law is here to help. We represent clients in all family law matters, including establishing parentage and securing child support. Contact Wedeking Family Law today at (310) 916-5171 to learn more in a consultation.
