Child Support Lawyer San Bernardino, CA
If you’re dealing with a child support dispute in San Bernardino County, you may be wondering how best to proceed with your case. Our San Bernardino, CA child support lawyer works through these matters often. Schank Family Law has handled support disputes across the Inland Empire since 2003. If you are in need of assistance with a child support case, contact our firm today.
Why Choose Schank Family Law for Child Support in San Bernardino, CA?
Twenty Years of Digging Into Finances
Christian L. Schank started this firm to do one thing: family law. He finished law school at the University of La Verne College of Law after undergrad at Brigham Young University. Martindale-Hubbell gave him their top rating, an AV, back in 2000. He holds Lead Counsel Verified status for family law.
Child support looks mathematical on the surface. However, disputes can occur, especially if one parent’s financial situation drastically changes or if finances are intentionally misrepresented.
When someone won’t pay what they owe, we pursue it. Our attorneys have prosecuted contempt resulting in 95 counts against a parent who ignored support orders. Courts don’t look kindly on that behavior.
Our family lawyer in San Bernardino, CA handles support as part of divorce cases and on its own when parents were never married.
We’ll Explain How the Math Actually Works
The child support formula confuses people. Courts use software called DissoMaster or XSpouse, and the printouts don’t always clarify why the number came out the way it did. We walk you through it. You shouldn’t agree to a number you don’t understand.
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“My Attorney Thomas Allison and his paralegal Miykael were on top of everything. Communication was thorough and responded in a timely manner. My attorney never missed a hearing and always answered all my questions. The investment was worth it in my family law case. God placed me in the hands of the right person to represent me.” — Erika Salazar
Read more reviews on our Google Business Profile.
Types of Child Support Cases We Handle in San Bernardino
Support disputes show up in different situations. We handle all of them.
- Initial Orders. Parents separating need a number established. We work through divorce proceedings or standalone petitions for parents who were never married.
- Modifications. The order from three years ago doesn’t fit anymore. Someone lost a job. Got a big promotion. Custody time shifted. Courts will modify support when circumstances change enough to justify it.
- Enforcement. An order means nothing if nobody follows it. We pursue wage garnishment, tax intercepts, license suspensions, and contempt when parents won’t pay.
- High Earners. California’s guideline applies up to a certain income level. Above that, courts have discretion. High-asset cases often involve arguments about above-guideline support.
- Self-Employment. Business owners control their own books. Finding real income means looking past tax returns to cash flow, lifestyle, and what the business actually produces.
- Imputed Income. Voluntarily unemployed or underemployed? Courts can calculate support based on what you could earn, not what you choose to earn.
- Support and Custody Combined. Parenting time affects the formula directly. More time usually means lower support. That’s why custody fights and support fights often happen together.
How California Calculates Child Support
The state uses a uniform guideline, but judges can deviate under specific circumstances.
The Formula Itself
Family Code Section 4055 lays out the algebra. Net disposable income from each parent. Percentage of time each parent has the kids. Multiply, divide, adjust. The math favors the parent with more custody time and penalizes the one with higher income.
What Counts as Income
Family Code Section 4058 defines it broadly. Salary and wages, sure. But also bonuses, commissions, rental income, dividends, pension payments, partnership distributions, unemployment benefits. For business owners, gross receipts minus operating expenses. Not minus whatever they feel like deducting.
The Guideline Presumption
Family Code Section 4057 presumes the guideline amount is correct. Judges can make an exception, but whoever wants a different number carries the burden of explaining why. High income, special needs, parents agreeing to something else. Those can justify departures. “I just don’t want to pay that much” doesn’t.
Both Parents Owe This Duty
Family Code Section 3900 says both parents must support their children. The obligation runs until kids turn 18, or 19 if they’re still in high school full-time and living with a parent.
The California Courts child support page covers the basics and links to forms.
Important Considerations in San Bernardino Child Support Cases
Business Income Is Never Straightforward
Tax returns tell one story. Bank statements tell another. A business owner might show $70,000 on Schedule C while pulling $15,000 a month in “owner draws” that don’t appear anywhere on the 1040.
Depreciation shelters income without reducing available cash. Personal expenses run through the business inflate deductions. Retained earnings sit in company accounts instead of hitting personal returns.
We dig into the actual finances. When the numbers don’t add up, we find out why.
Quitting a Job Doesn’t Zero Out Support
Parents sometimes think if they stop working, their support obligation goes away. It doesn’t work like that.
Courts impute income based on earning capacity. Education, work history, job market conditions. Someone with an MBA and fifteen years in marketing doesn’t get to claim zero income because they decided to “take time off” right before the support hearing.
Proving earning capacity takes evidence, like prior tax returns, job postings in relevant fields, and vocational evaluations in some cases. We build the record courts need to impute appropriately.
Custody Time Changes the Equation
The formula incorporates parenting time percentages. A parent with 30% custody pays more support than one with 45%, all else being equal.
This creates incentive to fight for custody time partly for financial reasons. Not the best motivation for parenting schedules, but reality. We handle custody matters alongside support because the two connect directly.
Building a workable parenting plan means thinking about logistics, children’s needs, and yes, how the schedule affects support calculations.
Add-Ons Beyond the Base Number
The guideline covers basic support. On top of that, courts can order contributions toward childcare needed for work, uninsured medical expenses, and sometimes educational costs or extracurricular activities.
These get split between parents, usually proportional to income. A parent earning 70% of combined income typically pays 70% of add-on expenses. Documenting these costs and showing they’re reasonable matters when seeking contributions.
Modifying Existing Orders
Support orders aren’t forever. When circumstances change substantially, modification makes sense. Key word: substantially. Courts don’t want to recalculate every time income shifts a few percent.
Understanding when modification is appropriate helps you decide whether to pursue it or wait.
Enforcement Has Teeth
Wage garnishment pulls money straight from paychecks. Tax refund intercepts grab state and federal returns. License suspensions affect driving, professional credentials, even hunting and fishing licenses. Passport denial blocks international travel. Contempt of court can mean fines and jail.
The local child support agency handles some enforcement. Private attorneys can move faster in many situations.
When Domestic Violence Is Part of the Picture
Restraining orders complicate logistics but don’t eliminate support obligations. Children still need financial support regardless of what happened between parents.
We help clients manage support matters while protective orders remain in place. Payment arrangements, communication protocols, making sure money flows to kids without requiring unsafe contact.
Child Support and Spousal Support Interact
These are separate calculations, but they affect each other. Child support gets calculated first, then spousal support based on remaining income. Higher child support means less available for spousal support.
Some couples negotiate “family support” combining both into one payment. Tax implications used to drive this more than they do now, but the structure still matters. We help clients understand how the pieces fit together.
Getting a handle on support before divorce helps you see the full financial picture.
San Bernardino County Specifics
Family courts here handle support cases regularly. Depending on where you live, your case might end up at the main San Bernardino courthouse or satellite locations in Victorville, Rancho Cucamonga, or elsewhere in this sprawling county.
The local Department of Child Support Services handles establishment and enforcement for cases involving public assistance and others. Private attorneys offer more personalized attention and often move faster.
Getting your financial documents together before filing makes support calculations go smoother.
Contact Schank Family Law
If you’re facing a child support dispute in San Bernardino County, the outcome depends on getting income and custody inputs right. Schank Family Law offers free consultations. We’ll go through your circumstances, explain how the formula applies, and talk about what makes sense for your situation. Family law is the only work we do. Contact us to set up a conversation.
What Steps Should I Take During a Child Support Case in San Bernardino?
If you are involved in a child support dispute in San Bernardino, CA, whether you are seeking an initial order, requesting a modification, or defending against an unreasonable calculation, preparation determines how the numbers come out. The court relies on financial documentation, and the party with better records gets a more accurate result.
- Gather your last three years of tax returns. Federal and state returns establish your income baseline. If you are self-employed, include all schedules, particularly Schedule C, K-1s, and any business returns filed separately.
- Collect recent pay stubs. At least the last three months. Courts use current income to calculate support, and pay stubs show gross earnings, deductions, bonuses, overtime, and any variable compensation that affects the guideline number.
- Obtain bank statements from the past 12 months. If the other parent claims lower income than their lifestyle suggests, bank deposits often tell the real story. Deposits that exceed reported income raise questions courts take seriously.
- Document your actual custodial time. The percentage of time each parent has the children directly affects the support calculation. Keep a log of overnights, and if the actual schedule differs from what the order says, that discrepancy matters at the hearing.
- Calculate your mandatory deductions accurately. The guideline formula uses net disposable income after specific deductions including income taxes, mandatory retirement contributions, health insurance premiums, union dues, and existing support orders for other children. Missing a deduction inflates the number unnecessarily.
- Identify any add-on expenses. Beyond the base child support amount, courts can order contributions toward childcare costs required for employment, uninsured medical expenses, educational expenses, and travel costs for visitation. Documenting these expenses with receipts strengthens a request for add-on orders.
- Complete the Income and Expense Declaration. California requires both parents to file form FL-150 disclosing income, assets, debts, and monthly expenses. Accuracy matters enormously. Judges compare what you claim on this form against supporting documents, and inconsistencies damage credibility.
- Investigate the other parent’s income if necessary. If you believe the other parent is underreporting income through a business, working for cash, or voluntarily reducing earnings, tell your attorney. Formal discovery, subpoenas, and sometimes forensic analysis can uncover the actual financial picture.
- Understand the timeline. Child support in San Bernardino County can be ordered retroactively to the date of filing. Delays in filing mean lost months of support that cannot be recovered. Acting promptly protects your financial interests.
- Consult a child support attorney before agreeing to anything. Informal agreements about support amounts can become the baseline courts use later. Understanding the guideline calculation before making or accepting any proposals prevents commitments that do not reflect what the formula would actually produce.
Child Support Statistics in San Bernardino
According to the U.S. Census Bureau, roughly 12.9 million custodial parents live in the United States, and about 49% of them have formal child support agreements in place. Among those with agreements, only about 44% receive the full amount owed. That gap between ordered amounts and actual payments drives a significant share of enforcement litigation nationwide.
San Bernardino County is one of the largest child support jurisdictions in California. The county’s Department of Child Support Services is the second-largest child support agency in the state, reflecting the volume of cases processed through the San Bernardino family court system each year. The department handles establishment, enforcement, and modification of support orders, particularly in cases involving public assistance.
California’s guideline formula under Family Code Section 4055 produces a presumptively correct amount based on both parents’ net disposable incomes and their respective shares of custodial time. The median household income in San Bernardino County sits around $85,000 according to Census data, but individual support calculations vary dramatically based on each family’s specific income split and parenting arrangement.
The Office of Child Support Enforcement, a division of the U.S. Department of Health and Human Services, reports that California collected over $3.6 billion in child support payments statewide in recent years. San Bernardino County contributes substantially to that figure given its population of over 2.2 million residents and the volume of family law cases processed through its Family Court Services division.
Census data also shows that custodial mothers are more likely to have support agreements in place compared to custodial fathers, at roughly 51% versus 41%.
San Bernardino Child Support Lawyer FAQs
How is child support calculated in California?
California uses a guideline formula that factors in each parent’s net disposable income and their respective percentage of custodial time. The calculation also accounts for tax filing status, mandatory payroll deductions, and existing support obligations for other children. Courts use software to run the numbers, but the inputs determine the output.
Can child support be modified in San Bernardino?
Yes. Either parent can request modification when there has been a material change in circumstances. Job loss, a substantial raise, changes in custody arrangements, or the child’s changing needs can all justify recalculating the support amount.
What happens if the other parent won’t pay child support?
California has aggressive enforcement tools including wage garnishment, tax refund intercepts, contempt proceedings, driver’s license suspension, passport denial, and liens on real property. Courts take non-payment seriously.
Does child support cover medical expenses?
The base guideline amount does not specifically cover uninsured medical costs. Courts typically order both parents to share uninsured health expenses proportional to their incomes as an add-on to the base support. Health insurance premiums for the children also factor into the calculation.
How long does child support last in California?
Support generally continues until the child turns 18, or 19 if the child is still in high school full-time and living with a parent. Support can also terminate if the child marries, is emancipated, or dies.
Can child support be waived?
Parents cannot waive child support because the obligation belongs to the child, not the receiving parent. Courts can order zero support in specific circumstances where both parents earn similar incomes and share roughly equal custodial time, but waiver by agreement is not enforceable.
What if the other parent is self-employed?
Self-employment complicates income determination because business owners control their own financial reporting. Courts look beyond tax returns to bank deposits, lifestyle indicators, and business cash flow to determine actual available income. Legitimate business expenses reduce income; personal expenses disguised as business deductions do not.
Does overtime count as income for child support?
Yes. Overtime, bonuses, and commissions are included in the income calculation. If overtime has been consistent, courts generally include it. If it was a one-time event, the court may treat it differently.
Can child support be ordered retroactively?
Support can be ordered back to the date the petition was filed. Filing promptly protects the receiving parent’s right to support from the earliest possible date.
What if I lose my job after a support order is issued?
You should file for modification immediately. The existing order remains in effect and continues to accrue until the court changes it. Unpaid support becomes arrearages that must eventually be paid, so delaying a modification request when circumstances change creates a growing financial obligation.
How does shared custody affect child support?
The more custodial time a parent has, the lower their support obligation under the guideline formula. A parent with 50% custody typically pays less than one with 20% custody, assuming similar incomes. This is why custody disputes and support calculations are often interconnected.
Can the court impute income to a parent who is not working?
Yes. If a parent is voluntarily unemployed or underemployed, the court can calculate support based on their earning capacity rather than their actual income. Evidence of education, work history, and available jobs in the local market supports an imputation argument.
What are “add-on” child support expenses?
Beyond the base guideline, courts can order both parents to share costs for childcare necessary for employment or education, uninsured medical and dental expenses, educational expenses for the child, and travel costs related to visitation. These are typically split proportional to each parent’s income.
Does remarriage affect child support?
A parent’s remarriage does not directly change the child support calculation. The new spouse’s income is not included in the formula. However, if remarriage changes the parent’s tax filing status or household expenses, those changes can indirectly affect the numbers.
Should I use DCSS or hire a private attorney?
The Department of Child Support Services provides free services for establishing, enforcing, and modifying support orders. However, DCSS handles high volumes of cases. A private child support attorney in San Bernardino can move faster, investigate income more thoroughly, and advocate specifically for your interests.
What to Expect From Our Child Support Services
Every case begins with a free case evaluation where our intake specialists review your financial situation and the other parent’s circumstances to determine next steps. If a paid attorney consultation is warranted, we schedule that promptly.
Our attorneys have handled child support disputes across San Bernardino County. We run the guideline calculations independently to verify the numbers, investigate income when the other parent’s reported earnings do not match their lifestyle, and pursue enforcement through contempt and other remedies when support goes unpaid. Neelam Kahlon-Pfister has over 12 years of family law litigation experience including complex income cases, and Eric Nakasu brings roughly 20 years of focused family law practice handling support matters across multiple California counties.
Child support disputes rarely exist in isolation. Custody time affects the formula. Spousal support interacts with the available income. Property division can affect each parent’s financial resources. We address child support within the context of the broader family law case.
What Are Important Local Resources for San Bernardino Child Support?
Parents involved in child support matters in San Bernardino, CA have access to several government resources at different stages of their case.
- San Bernardino County Superior Court – Family Law Division – (909) 521-3136
- San Bernardino County Family Court Services – (909) 521-3180
- San Bernardino County Department of Child Support Services – (866) 901-3212
- San Bernardino County Self-Help Center – Free assistance with forms and procedures
- Office of Child Support Enforcement – Federal child support policy and data
Schank Family Law does not endorse and is not affiliated with any of the organizations listed above. This information is provided as a public resource and may change without notice.
Schank Family Law – San Bernardino Child Support Lawyers
454 N Arrowhead Ave B
San Bernardino, CA 92401
Contact Schank Family Law
If you are dealing with a child support issue in San Bernardino County, the calculation depends on getting the income and custodial time inputs right. Our firm offers free case evaluations and can review your financial circumstances before you commit to representation. Contact us to schedule your evaluation.