Understanding how child support works in California can be a complex but important process for parents. Whether you’re in the midst of a separation, divorce, or simply trying to ensure your child’s financial needs are met, having clear information about the state’s child support laws is essential. This guide provides a comprehensive look at the key aspects of child support in California.
What is Child Support
Both parents are responsible for supporting their child even if they don’t live together and were never married. Child support is money that one parent pays to the other parent to help take care of their child. The purpose of child support is to make sure the child has everything they need, like food, clothing, a home, and school supplies.
What if we are only legally separated, not divorced?
You can receive or be ordered to pay child support in California even if you are only legally separated and not divorced. In fact, child support can be ordered even if you were never married or never even a couple. In these cases, paternity may need to be proved, but, in California, both parents are legally responsible for supporting their child regardless of their current or previous relationship status.
How is it Calculated?
In California, child support is calculated using a formula that factors in both parents’ net disposable income and the amount of time the high-earning parent spends with the child. The formula adjusts based on custody arrangements and financial deductions like taxes and health insurance. Courts aim to balance the child’s financial needs with the parents’ ability to contribute.
Check out this article for more detailed information on how child support is calculated,
How is child support taxed?
Child support payments are neither taxable income for the recipient nor tax-deductible for the payer. The custodial parent typically claims the child as a dependent, though non-custodial parents can claim this if agreed upon.
Read our full article on the topic for a full explanation of the tax implications of child support.
How long does child support last?
In California, child support typically ends when a child reaches the age of 18, but there are some important exceptions and conditions that may extend or modify this general rule. For example, if the child turns 18 but is still a full-time high school student, child support will continue until the child graduates or turns 19, whichever happens first.
Furthermore, if the child has a severe physical or mental disability that prevents them from becoming self-sufficient, the court may order continued child support beyond the age of 18 or 19. This is called adult child support, and it can last for as long as the child’s condition requires financial support from the parents.
Parents can also agree to extend child support beyond the legal minimums, for example, while they attend college, but this is voluntary unless specifically ordered by the court.
Can Child support be modified
Child support can be modified if there is a significant change in circumstances. Common reasons include a change in income for either parent, a change in custody, a change in the child’s needs, such as new medical expenses or education costs. Either parent can request a modification by filing a request with the court. The petitioning parent would need to prove the change in circumstances to the court, which would then decide if a modification of child support is appropriate.
Can child support be terminated early?
Yes, child support in California can be terminated before the child turns 18 or graduates from high school. However, this is not common and is typically only granted under certain circumstances.
For instance, child support ends if the child gets married, joins the military, or becomes legally emancipated before turning 18. Emancipation means the child is legally considered an adult and can support themselves.
There are also certain major changes in custody that can terminate child support. For example, if the paying parent gains full physical custody of the child, as the financial responsibility for the child would shift to the custodial parent. The other parent may then be required to pay child support instead, depending on the circumstances.
Parents can also agree to terminate child support early under certain conditions, but this agreement must typically be approved by the court to be enforceable. The court will ensure that any agreement still meets the child’s best interests before allowing support to end early.
It’s important to note that even if your situation falls under any of these scenarios, Child support does not automatically terminate. You must file a Request for Termination or Modification with the court to officially request that child support be terminated. Until the court officially changes or terminates the child support order, the paying parent is still legally obligated to continue making payments. Failing to do so without a court order could result in arrears (back payments owed).
How to file for Child Support
Filing for child support in California involves a legal process that can be initiated either as part of a larger case (such as divorce or legal separation) or as a standalone request. Here’s a step-by-step guide on how to file for child support:
1. Determine Where to File
Child support cases in California are generally handled by the family law division of your local Superior Court. You can file in the county where you or the other parent lives.
2. Fill Out the Necessary Forms
To start the process of filing for child support, you need to complete and submit specific forms. These forms include the Request for orders (FL-300) and Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105/GC-120 UCCJEA). Depending on if you already have an existing case, such as a divorce or legal separation, you may have already filled out one or more of these forms. Therefore the FL-300 is often the only form needed to add a request for child custody to these kinds of existing cases.
3. File the Forms with the Court
Once the forms are completed you can file the forms with the Superior Court clerk in your county and pay the filing fee. You can usually file the forms in person, by mail, or electronically. And if you can’t afford the fee, you can submit Form FW-001 to request to a waiver
4. Serve the Other Parent
After filing, you must serve the other parent with copies of the forms. This means that an adult other than you delivers the papers to the other parent to notify them of the child support request. The server must then complete a Proof of Service (FL-330) to show that the other parent was properly notified. This form is filed with the court. For a detailed guide on serving papers, checkout this article.
5. Attend the Court Hearing
At the hearing. The judge will review the financial information from both parents. He’ll consider factors such as each parent’s income, the amount of time each parent spends with the child, and the child’s needs. After the hearing, the court will issue a child support order, which will specify how much child support must be paid and any other relevant details. This order is legally binding, and the parent ordered to pay must follow it. If payments are not made, the receiving parent can request enforcement through the court or DCSS.
If you prefer, you can get assistance from DCSS at no cost. You can request help from them in establishing, enforcing, or modifying child support orders. To get started, you can open a case with DCSS through the California Child Support Services website or visit your local DCSS office.
Speak to a Child Support Lawyer Today
If you need a child support attorney in Los Angeles or Orange County, contact Jafari Law and Mediation Office for a consultation. Our experienced team is dedicated to providing compassionate and assertive legal support for your child support needs.