How to File for Child Support in California
Providing for your child or children is top priority, so if you’re struggling as a single parent, it’s a good idea to understand how to file for child support in California.
Read further for details here.
Introduction
Raising a child can be expensive. Let’s talk numbers, shall we? On average, the total cost of raising one child in the United States is $233,610.00. This amount will vary greatly due to socioeconomic status and location. For instance, California has a much higher cost of living than many other places in our country and, as a result, this increases the cost of raising a child. You will find the average cost along the west coast to be closer to $336,398.00 per child.
This sounds like a lot of money but spread over 17 or 18 years in a two-parent home, it’s doable. It is. Unfortunately, not all homes have two parents, no matter how they started. Things can change – including families.
It takes two individuals to create a child, which means there are often two people responsible for financially caring for that child. If you are currently raising a child on your own, you deserve help from the other party – whether you need it or not.
Here’s how you can file for child support in California.
Child Support
Child support is money that is paid to support a child or children. It is paid to the parent that has primary custody of them. Sometimes it is paid voluntarily and other times it can be court-ordered, depending on the situation.
This means of support helps to:
- Reduce the financial burden on the custodial parent.
- Increase security amongst the child and custodial parent.
- Reduces the need for public aid and the welfare system.
- Increases the strength of the relationship between the non-custodial parent and the child by often leading to increased involvement.
See, the benefits of child support are two-fold – the custodial parent has an easier financial burden and the child often has a better chance of a relationship with the other parent.
Child support payments are generally made up until each child turns 18 or 19, as long as he or she is still in high school full time, residing at home, and cannot fully support themselves.
Open the Case
Before you can ask for child support, you have to have an open case within the court system. It doesn’t matter which parent opens the case, but it needs to be done before anything will happen. Special note: A signed order by a judge requiring that child support is to be paid, does not mean a child support case has been open.
There are many types of cases that, if open, allow you to seek child support. Do you have one of these cases?
- Divorce/Dissolution of Marriage
- Legal Separation or Annulment
- Domestic Violence Restraining Order
- Petition for Custody and Support of Minor Children
- Local Child Support Agency Case
- Parentage (Paternity) Case
If not, then you need to obtain the proper forms to complete to get the child support case open. Speaking with an attorney can help you determine what option is best for your current situation. Together, you can complete the appropriate forms and file them with the court. Upon doing so, a court date will be given and you will need to have the other party formally served with the forms and notice of hearing.
Calculating Child Support
California has a formula that is used to help determine the amount of child support that should be paid. Of course, things flow much more smoothly when both parents can agree on an amount that should be paid, but that does not always happen. In those instances, the judge will use this form to calculate the support.
Here are a few of the factors that are taken into consideration:
- The amount of money each parent earns (including all forms of income).
- How many children the parents have together.
- The time-share arrangement.
- The tax filing status of each parent.
- The support children receive from other relationships.
- Health insurance costs.
- Daycare costs.
The judge will also look at other costs that should be shared, such as:
- Educational costs.
- Uncovered healthcare costs.
- Special needs.
- Costs for traveling and visitation.
Income is determined using net disposable income, which is the income after state taxes, federal taxes, and other deductions. The judge will determine if bonuses, commissions, overtime, etc. will also be included as part of the income. However, the court will not count CalWORKs, General Assistance/General Relief, or SSI as income to be used for child support.
Judges may also use time-share to calculate child support. This is often done through a comparison of the time each parent spends with the child, having physical responsibility. In general, the greater the time-share, the lower the child support payments.
The Agreement
Once you have the hearing and the judge decide on child support (if the parents cannot agree), then you have to determine whether or not to agree on the amount. Having an idea of the amount laid out in the guidelines above can help you decide whether you think the amount is fair. Once you agree to receive either more or less than the state calculation, you are doing so voluntarily. Your attorney can help you look at the numbers in-depth to make sure it is a fair amount.
Payments will be made either between the parents, directly to the provider, or by garnishing wages. This is something to be discussed and agreed upon so that it can be put into writing in the agreement itself.
Once agreed, a Stipulation to Establish or Modify Child Support and Order are drawn up. It lists all the specifics and has a place for both parents to sign. The signed stipulation agreement should be turned back into court for the judge to sign.
A final copy of this agreement will be filed with the court and the order will be sent to all parties.
Conclusion
Find an attorney who can help you secure this additional support. Being a parent can be one of the most rewarding yet most challenging roles you will ever have. Though, sharing financial responsibility can ease burdens and make parenting a tad bit easier.
Are you in search for a certified attorney to represent you?
Let us help you find one today!