Secure your child’s future. Understanding Child Support in California Made Easy.
Struggling to understand how does child support work in California? This is a common issue for many and the reasons are understandable. California’s rules and regulations can be labyrinthine. They are dense, filled with legal jargon and sometimes contradictory.
Having the right guidance in this area is not just a necessity, it’s a lifeline. This is not an DIY area, it’s prone to errors that can carry long-lasting consequences. Starting from the calculation right down to the enforcement of Child Support, you need to navigate this space accurately.
This is where an experienced family law attorney steps in. They transform your journey, making it simpler, effective and focused. They represent your interests, speak the language of the court, and strategically guide the case in the right direction.
Quick Summary:
- Child support in California refers to a court-ordered, monthly financial obligation parents must meet for their child’s expenses, regardless of their living arrangement.
- Parents ideally should agree on the child support responsibility outside the court, but if an agreement can’t be reached, they can request a child support order from the court.
- The child support process in California involves various stages, such as starting a child support case, locating parents, issuing a summons and complaint, establishing legal parentage, creating a stipulated agreement, court determining the child support order, making/receiving payments, enforcing the order, modifying the order and finally closing the case.
- Child support typically ends when the child turns 18 and graduates high school, but can extend further under certain conditions such as disability.
- Non-compliance with child support orders can result in enforcement actions like suspension of licenses, property and bank liens, etc.
What is Child Support in California?
Child support refers to the monthly financial obligation a court orders a parent to meet to contribute to their children’s living expenses. Both parents are usually legally required to support their children, regardless of whether they live together.
How Do Parents Share this Responsibility?
Ideally, an agreement on sharing this responsibility should occur outside the court. However, in scenarios where both parents can’t reach an agreement, it’s permissible to request a child support order from the court. This order clarifies how the parents will share this responsibility and can also indicate that the employer deduct the support directly from the paycheck.
How Does Child Support Work In California
In California, ensuring adequate and fair child support is a priority. Understanding the intricacies of the state’s child support structure is crucial for both the parents and the child involved. The process of child support includes various steps starting from a parent or a legal guardian opening a child support case, to enforcing, and ultimately, closing the case.
1. Starting A Child Support Case
Child support cases can be initiated by either of the parents or by the child’s legal guardian. The initiation doesn’t automatically start with a judge’s order for child support. The process involves filling an application to the local child support agency. Assistance is provided during the process, and in some circumstances, it may even allow individuals to avoid court proceedings.
2. Locating the Parents
Subsequent to opening the case, locating both the child’s parents is a critical step. The likelihood of locating the parents increases with the availability of more information like birth dates and Social Security Numbers.
3. Issuing a Summons & Complaint
Once the case is underway, the parent who is requested to provide child support receives a Summons and Complaint packet. It’s a legal notice you’re named in a child support lawsuit. You must respond within 30 days to avoid a default child support order that doesn’t consider your financial situation.
4. Establishing Legal Parentage
If you believe you aren’t legally responsible for supporting the child, you are entitled to request proof. This can be DNA evidence or proof that the parents were legally married when the child was born. If you don’t provide such proof, you could still be designated as a legal parent.
5. Creating a “Stipulated Agreement”
Family Meetings allow parents to discuss the case with a child support case worker and agree on the payment. This agreement is called the “Stipulated Agreement,” which is then submitted to the court, eliminating the need for a court hearing.
6. Court Determines the Child Support Order
Without a Stipulated Agreement, a court date is fixed. Here, the judge examines both parties’ financial situations and other relevant information and decides on the child support amount. The judge also considers any medical insurance expenses.
7. Making or Receiving Payments
Once the child support order is in place, the payments begin. Several methods of payment are available, but for working parents, employers will withhold child support payments from paychecks.
8. Enforcing the Order
Child support orders are legally binding. Non-compliant parents may face enforcement actions that can range from suspension of drivers’ license or passport, revocation of professional licenses, property and bank liens, interception of tax refunds and lottery winnings.
9. Modifying the Order
In case circumstances change, such as losing a job, changing employment, or a shift in custody or visitation rights, the child support order may be modified. Assistance is provided with this process.
10. Closing the Case
Commonly, a case closes when the youngest child attains adult age, with no outstanding balances. Records are maintained for an additional four years and four months as per federal law.
Until When is the Child Support Required?
Typically, child support ends when a child turns 18 and has graduated from high school. However, exceptions come in when the child is still in full-time school and can’t support themselves, the duty ends when they turn 19 or graduate. The duty also stops when the child marries, enters a domestic partnership, joins the military, is emancipated, or dies. If the child is disabled and unable to support themselves, the duty can extend past 18 or 19 years.
Ready for the Next Step in Understanding How Child Support Works in California?
805 Law Group can help. We are experienced in family law and can answer any of your curiosities on how does child support work in California. We’re here to guide you through this complex process.
We have over 20 years of experience. Over the years, our attorneys have delivered favorable results for many clients. Our attorneys are passionate about helping individuals and families. We have a remarkable track record in ensuring only the best results.
Our understanding of child support is just a facet of our broad experience. We cover many practice areas. These range from Family Law to Criminal Defense, and from Personal Injury to Estate Planning.
Don’t forget, every case is personal to us. We follow a hands-on approach for every case. Our aim is the best outcome for you and your family. Contact us today for a consultation.
