How Child Support Works: Essential Information for Custodial and Non-Custodial Parents
Divorces can be challenging, especially if there are children involved. If you have minor children, then you may be obligated to pay child support. Child support refers to the amount of money that one parent pays to the other, typically on a monthly basis. The court often decides on the amount, although parents can come to a decision on their own, as long as it is in the best interests of the children.
Child support is a requirement in California and all other states. Child support is intended to cover a child’s basic and essential needs to ensure they maintain a reasonable standard of living. These needs include the following:
Food, clothing, and shelter
Everyday living expenses like rent/mortgage, utilities, and groceries
Health insurance premiums
Uncovered medical expenses
School supplies, books, and fees
Private school tuition (if agreed upon or ordered)
Daycare, after-school programs, and babysitting (so the custodial parent can work or attend school)
Costs related to getting the child to school, activities, or visitation
Extracurricular activities such as sports, music lessons, clubs, or summer camps (if included in the support order or agreed to)
By law, parents must share the financial responsibility for raising their children. This duty typically ends when a child turns 18 and graduates from high school. However, if the child is still in high school full-time and cannot support themselves, the duty ends when they graduate or turn 19, whichever happens first.
Child support also ends when a child gets married, enters a domestic partnership, joins the military, is emancipated, or dies. On the other hand, the duty to pay child support may continue past the age of 18 or 19 if the child is disabled and cannot support themselves. The parents can also agree on their own to continue support, particularly if the child is going to college.
Determining Child Support
Child support guidelines vary from state to state. California uses a complex formula to determine child support. Generally, the greater the income disparity between parents and the less time the higher-earning parent spends with the children, the more child support that parent owes.
Child support is determined by the formula CS = K[HN – (H%)(TN)]. "CS" represents the child support amount. "K" is a factor based on combined parental income that is determined by a table. "HN" is the high-earning parent's net monthly disposable income. "H%" is the percentage of time the high-earner spends with the child. "TN" is the total net monthly disposable income of both parents.
Of course, there are always exceptions. California law allows for deviations from the guideline amount when it is deemed unjust or inappropriate. Valid reasons for deviation include mutual agreement, extraordinarily high income, unequal contributions to the child’s needs, differences in housing costs, special needs, and multiple legal parents.
Getting and Modifying Child Support
To receive child support, you need to enroll in services. Either parent can open a child support case and enroll in services. To begin, you will need to fill out the enrollment form.
If you already have a court order, Child Support Services offers assistance with every part of the process. If you do not have an order, enrolling in services can help your local child support agency locate the other parent, establish legal paternity, get a court order, and see that it is enforced.
Enrolling in child support services offers many benefits to parents. The agency keeps official records, can assist with enforcement, can help payers avoid negative actions, and can even help the parties avoid court.
Sometimes it is necessary to modify child support due to financial issues. However, you need to be eligible to request one. You must show a significant change in circumstances, such as:
Job loss or income change.
Change in parenting time.
Changes in the child’s needs.
Incarceration or disability of a parent
You will then need to complete the required forms:
FL-300: Request for Order
FL-150: Income and Expense Declaration
FL-191: Child Support Case Registry Form
File your completed forms with the family law clerk in the same county where the original order was made. You will also be required to pay filing fees. You will then need to have an adult serve the other parent with a copy of the filed documents.
The next step is to attend a court hearing. Bring evidence and documentation to prove the proposed modification, such as proof of income, parenting schedules, and child-related expenses. A judge will review the information and determine whether and how the order should change. If the judge grants the modification, the court will issue a new child support order.
What Happens if a Parent Does Not Pay Child Support?
Child support is not optional. It is important that a child receives financial assistance from both parents. Child support is a court order, so failure to pay it is considered contempt of court. The parent can face legal and financial consequences. The custodial parent or child support agency can take enforcement actions such as:
Wage garnishment: The owed amount can be taken directly from the non-paying parent’s paycheck.
Tax refund interception: Federal and state tax refunds may be seized.
License suspension: Driver’s, professional, and even recreational licenses can be suspended.
Contempt of court: The parent may face fines or jail time for nonpayment.
Credit reporting: Arrears may be reported to credit bureaus, lowering credit scores.
In extreme cases, a person may also be held in contempt of court and face fines or even jail time if they do not follow court orders. However, jail time is rare because this defeats the purpose of encouraging the parent to pay the child support.
Contact Us Today
Calculating child support in California can be complex. There are a lot of variables involved, and it is important that children get the financial support they need so they can thrive.
Ashley A. Andrews, APC, is an Arcadia child support attorney who can help you with your complex family law matters. With nearly 20 years of experience in family law, Ashley A. Andrews is renowned for her dedication to helping families navigate the complexities of divorce and related matters. Schedule a consultation with our office by filling out the online form or calling (626) 346-0114.