Discussions

In Orange County family court, paternity and child support are inextricably linked. You generally cannot have one without the other. For mothers, establishing paternity is the gateway to receiving financial help. For fathers, a paternity judgment is often the trigger that starts a monthly financial obligation that will last until the child turns 18 (or 19, if still in high school).
Understanding the financial mechanics of a paternity case is vital. Many parents enter the process blindly and are shocked by the resulting figures. A knowledgeable paternity lawyer in Orange County can help you understand how the state calculates these payments and ensure the numbers used are accurate.
The Paternity-Support Connection
The court has no jurisdiction to order a man to pay child support until he is the "legal father."
• For Unmarried Parents: A support order cannot be issued until paternity is established via a Voluntary Declaration or a Court Judgment.
• The "Default" Danger: If a man is served with a Paternity Petition and fails to respond within 30 days, the court can enter a "Default Judgment." This declares him the legal father and often grants the mother’s requested child support amount without the father ever having a say. This is the most common way men fall into massive debt.
How Support is Calculated in Paternity Cases
Once paternity is established, Orange County courts use the statewide "Guideline Calculation." This is a complex algebraic formula, not a simple percentage of income. The two biggest factors are:

1. Gross Income: How much money each parent earns (before taxes).
2. Timeshare: The percentage of time the child spends with each parent.
   This is where hiring a paternity lawyer in Orange County saves you money.
   • For Fathers: If you establish paternity but fail to fight for visitation rights, your "timeshare" is 0%. A 0% timeshare results in the maximum possible child support payment. By fighting for joint custody (e.g., a 50/50 or 40/60 split), you not only build a relationship with your child but significantly reduce your financial liability.
   • For Mothers: If the father is hiding income (working for cash or underreporting business earnings), a lawyer can use "discovery" tools to subpoena bank records and prove his true ability to pay.
   Retroactive Support vs. Arrears
   One of the most frightening aspects of a paternity case is the potential for "back pay."
   • Retroactivity: The court typically has the power to order child support back to the date the initial Petition was filed. If the paternity case drags on for a year, the father could owe 12 months of support in a lump sum the moment the judgment is signed.
   • Prior to Filing: In strict paternity cases, the court generally does not order support back to the date of birth if the case is filed years later (unlike some welfare recoupment cases handled by DCSS). This means filing sooner is always better for the receiving parent.
   Health Insurance and Add-Ons
   A paternity judgment covers more than just a base monthly check. The court will also order:
   • Health Insurance: The parent who has access to reasonable health insurance (usually through an employer) will be ordered to cover the child.
   • Mandatory Add-Ons: Parents are usually ordered to split the costs of childcare (necessary for employment) and uninsured medical costs 50/50.
   Modifying the Order
   A paternity judgment is permanent regarding who the parents are, but the child support portion is fluid. It can be modified whenever there is a "significant change of circumstances."
   • If the father loses his job, he must file a modification immediately.
   • If the mother gets a significant raise, the father can request a reduction.
   • If the visitation schedule changes (e.g., the father starts having the kids on weekends), the support should be recalculated.
   The Role of the Department of Child Support Services (DCSS)
   Many paternity cases in Orange County are initiated by the DCSS, especially if the mother receives state benefits. In these cases, the DCSS attorneys represent the county, not the mother or the father. It is a mistake to assume the DCSS will look out for your best interests. They are focused on guidelines and recoupment. Having your own private counsel ensures that your specific financial situation (hardships, other children to support, tax deductions) is properly presented to the commissioner.
   Conclusion
   A paternity case determines your financial future for the next two decades. Whether you are seeking to maximize the support your child receives or ensure that your payment is fair and sustainable, do not leave the math to chance. Consult with a qualified family law attorney to ensure the calculation reflects the reality of your life and your parenting plan.