California Child Support FAQs
Child support can be one of the more confusing aspects of family law. This area of the law outlines parents’ financial obligations to their children, determines the amount of support that should be paid, and establishes consequences for a parent who refuses to meet their obligations.
Here are some of the most frequently asked questions about child support in California and our answers.
Table of Contents
What Is Child Support?
Child support refers to the financial contribution that parents make for their children. In California, both parents are responsible for making monetary contributions.
Sometimes parents can agree on an amount of child support and pay it without court intervention, but other times, they have to ask a court to get involved and order support.
When a court orders one parent to pay child support to another, it is referred to as a child support order. Child support orders are typically put in place after a couple divorces, separates, or ends their relationship. The goal of child support is to ensure that children enjoy the same standard of living they would have if they lived in an intact two-parent household.
Typically, the non-custodial parent pays child support to the custodial parent; however, there are exceptions to this rule.
How Long Does Child Support Last in California?
Under California law, a parent subject to a child support order typically continues to be required to pay child support until the child turns 18, or, if the child is still in high school, until age 19 or graduation, whichever occurs first.
Child support can also end when the child gets married or enters into a domestic relationship, becomes emancipated, joins the military, or dies. Under exceptional circumstances, child support can be ordered to continue after the child reaches adulthood.
What Does Child Support Pay For?
Child support helps cover the child’s basic living expenses, including food, clothing, shelter, a portion of the household’s rent/mortgage, and utilities. The court can also include add-on costs to child support, such as child care, medical costs, and extracurricular expenses, based on a fixed guideline amount or allocated between the parents.
What Happens If the Parent Doesn’t Pay Child Support?
Child support orders can mandate that employers deduct support directly from the parent’s paycheck.
Additional child support enforcement actions can include:
- Intercepting the parent’s income tax returns and lottery winnings
- Suspending the parent’s driver’s license
- Refusing to grant or renew a passport
- Seizing the parent’s property
- Reporting unpaid amounts to credit agencies
- Holding the parent in contempt of court
If the other parent isn’t paying child support, you can reach out to a local child support lawyer for assistance.
How Much Child Support Is Awarded?
California uses guidelines and a complex formula to determine how much child support should be awarded. This determines the guideline amount of child support.
The guideline considers factors such as:
- Each parent’s income
- How the parents file taxes
- How much time each parent spends with their child
- Health insurance expenses
- Financial support paid to other children
Income includes money, property, or services, which may include the following:
- Wages
- Tips
- Commissions
- Bonuses
- Self-employment income
- Unemployment benefits
- Interest and dividend income
- Pensions
- Insurance payouts
A child support commissioner or a family law judge establishes the amount of a child support award.
What if the Obligated Parent Doesn’t Work?
When a parent is ordered to pay child support and is found to be willfully unemployed or underemployed, the court can impute a certain amount of income to the parent based on their earning capacity, considering factors such as:
- The parent’s skills
- Education
- Work history
- Health
- Local job market
In these cases, the court uses the imputed income to calculate the child support amount, even if the parent is not actually earning what the court has computed.
Can I Modify a Child Support Order?
It may be possible to change a child support order and request that it be modified to increase or decrease the amount of support. For example, job loss, health issues, or increased expenses for the child can justify a modification of the child support order. A parent can seek to modify the order by filing papers in an existing family law case.
Generally, any changes will only take effect from the filing of the papers, so parents are encouraged not to delay if they need to make such changes.
Contact San Diego Divorce Lawyers, APC for a Complimentary Case Review With a San Diego Divorce Lawyer
Navigating child support can be overwhelming. Let San Diego Divorce Lawyers, APC provide clarity and guidance. Contact our San Diego child support lawyers at (619) 866-3756 for a free case review.
