California Child Support Laws

Children are expensive. It’s often tough to support a child on two incomes, let alone one. That’s where California child support laws come in. The law recognizes that it costs money to raise a child and requires both parents to contribute financially.

What Is Child Support?

Child support is a financial contribution from one parent to the other to help with the costs of raising the child. It may be used for food, clothes, housing, books, school supplies, and other direct and indirect expenses. Note that these payments may be used for the benefit of the entire household – it doesn’t have to be spent exclusively on the child. For example, a payment may be used to cover the heating bill even though that also benefits everyone else who live in that household. Unless the child is being neglected, the courts generally won’t look at what the money is being spent on.

In California, payments are due until the child turns 18. If she has already turned 18 but is still enrolled in high school full-time, you’ll have to continue to make payments until she graduates or turns 19, whichever comes first.

In almost all cases, the non-custodial parent makes payments to the custodial parent because the custodial parent handles the day-to-day care and expenses of the child. The amount of child support is determined by the family court and it’s based on the income of both parents, the needs of the child, and other factors. In practical terms, the parents’ financial information and custodial time are entered into a formula that produces a payment amount. It is possible to work with the court to try to have that amount changed if you or the other parent feel it is unfair or inappropriate. You may also be able to come to an agreement with the other parent on a different amount than the computer program suggests, although you’ll need to get court approval for the final arrangement.

Mandatory Add-Ons

In addition to the base payment amount, you may be required to include your child on your employer-provided healthcare plan or to purchase healthcare for your child, assuming the cost is reasonable. California child support laws also mandate certain add-on payments in addition to the base payment, such as uninsured medical costs and childcare. In other words, you’ll have to split those costs with the other parent on top of the regular payments.

Discretionary Add-Ons

The court may also add certain other expenses onto your regular child support payments. For example, you may be required to split the cost of private school tuition and extracurricular activities. Whether or not the court orders these additional payments will depend on a number of factors, including the quality of life to which the child is accustomed and the means of both parents.

Changes In Child Support

The amount of payments rarely changes. For example, the obligation is not affected if one parent remarries, no matter how much money their new spouse makes. The new spouse’s income isn’t part of the equation. There are, however, certain circumstances under which your obligation may be changed or ended completely.

First, you will no long have an obligation to pay if your child is adopted by another person – usually the other parent’s new spouse. That also involves completely waiving all of your parental rights, so you no longer have the right to see your child or have any say in her upbringing.

You may be able to petition the court to change the amount you have to pay if your financial condition changes significantly. For example, you may have your obligation lowered if you are seriously injured and can’t work, if you lose your job, or if you go to jail. You’ll have to petition the family court for a change; it won’t happen automatically just because your financial circumstances have changed. You may also be able to change your child support obligation if the custody situation changes such that you have custody a significant portion of the time.

Failure To Pay Child Support

If a parent fails to make child support payments for 30 days, the DMV can refuse to issue or renew their driver’s license. After 120 days, their driver’s license can be revoked altogether. The license won’t be returned until all back payments are caught up. Failure to meet a child support obligation may also be reported to the credit bureaus and hurt the parent’s credit score.

In addition, the other parent may file a motion to hold the non-paying parent in contempt of court. Depending on the circumstances, that can mean fines or jail time. The judge can order the non-paying parent to sell property in order to pay the support obligation. The judge may also order wage garnishment or have the money taken or withheld from a retirement or benefits account, including most federal benefits.

Under California child support law, the custodial parent has 3 years from the time of a missed payment to file a claim against the non-paying parent. After 3 years, that parent can no longer sue for collection.

Child Support Help

If you have legal questions about child support and your rights, we can help. Our Attorney Referral Service can connect you to an experienced local family law attorney who can explain your rights and options and help you choose the best path for your unique circumstances. Being a parent is hard enough and California child support law is complicated – an attorney can make all the difference in the world.