Child Support in California

What Is Child Support in California?

In California, each parent has an duty to support their child. This duty does not go away just because the parents divorced and one parent has physical custody. Therefore, one parent, and in some cases both parents, may be ordered to provide child support to the other parent. Child support is the contribution to taking care of the child’s basic needs.

Generally, child support ends when a child turns 18 (or 19 in some cases), marries, or dies.

How Do I Get Child Support?

Like spousal support, you can come to an agreement on the amount of child support you receive or pay. However, you cannot agree to pay no child support since California recognizes a parents’ duty to support the child. If you cannot agree, you can ask the court to order child support and set the monthly amount.

How Is Child Support Determined?

When a court makes a child support order, it will consider several factors including, but not limited to, the parent’s ability to pay, how much time the child spends with each parent, how many other children the parents have together, their tax filing status, and support paid for children of other relationships. This and other information is used to calculate the amount of child support, known as the “guideline” amount.

Using the guideline amount sets a base and is helpful in negotiating child support agreements.

Can I Change a Child Support Amount?

You may be able to change the amount you pay in child support, or the amount you receive for the child for support. The asking parent must show there was a “change in circumstances” that require an upward (more) or downward (less) modification for support. Some of these changes in circumstances may be the loss of a job or other significant change in income, incarceration, or a change in the custody and visitation plan.

Some parents are able to reach an agreement regarding the change in support. If that is the case, you submit a stipulated agreement to the court for review and signature. That stipulation agreement then becomes the new order. If you cannot come to an agreement on, you will need to request the court to make the change.

What If The Other Parent Doesn’t Pay Ordered Child Support?

It is unfortunate but, sometimes the parent ordered to pay support either doesn’t pay or doesn’t pay the amount ordered. If that happens you can ask the court for a wage assignment order (garnish wages). This order is served on the paying parent’s employer and the amount of child support is taken directly for their wages and given to you.

You may want to involve your county’s child support services. Child support services will likely put a wage garnishment in place and that payments are made through the State Disbursement Unit. In that case, child support services will collect child support payments and send them to you.