In California, both parents have “an equal responsibility to support their child in the manner suitable to the child’s circumstances.” At the same time, when a couple with children divorces, only one parent may have to pay the other to make sure the child receives the care they need.
Most often, the parent with physical custody for the majority of the time receives child support from the other parent. The amount of child support depends on the personal and financial circumstances of the case.
To help you better understand California child support laws, this guide answers the most common questions people have.
If you have questions about the child support laws in California, take a look at this article. Below, we give you an overview of and answer common questions regarding child support.
How long does child support last in California?
Typically, a California parent must pay child support until their child turns 18. However, child support may be extended for up to a year longer if the child hasn’t yet completed 12th grade. On the other hand, child support obligations end if the child marries before 18.
A parent might also be obligated to support a child who is older than 19 if that child has an incapacity that prevents them from earning a living.
When it comes to retroactive child support in California, a support order may date back to the date of filing a support petition. For example, say a petition was filed February 1 and the court entered an order of support September 1 that same year. In addition to ongoing payments, the person responsible for paying would be responsible for seven months of support payments dating back to when the petition was filed.
How does California determine child support?
California law looks at the following factors to calculate the amount of child support payments in each case:
- Each parent’s income
- The number of children involved in your case
- The amount of time each parent spends with each child
What counts as income when calculating child support?
California authorities use each parent’s average after-tax income to calculate a child support obligation. Almost any source of your or the other parent’s income is subject to a child support calculation. These sources may include:
- Wages
- Self-employment income
- Interest from investments
- Interest from savings accounts
- Workers’ compensation
- Disability benefits
- Unemployment benefits
What doesn’t count as income when calculating child support?
California law also deducts some assets from your earnings to determine your income. This may include:
- Major losses that were uninsured
- Taxes
- Mandatory union dues and retirement contributions
- Extraordinary health expenses
- Health insurance
- Job-related expenses
- Spousal and child support that has been ordered and paid
- Expenses of other children
What if a parent doesn’t have a job?
Being unemployed doesn’t automatically reduce a noncustodial parent’s child support obligation. Each parent’s unemployment benefits are considered part of their income when calculating child support.
Additionally, when necessary, child support laws in California use imputed income in the child support calculation. In this case, imputed income is income that a parent is able to earn, even if they’re currently making less. If the other parent in your case purposely took a lower-paying job in the hopes of reducing their child support obligations, you can ask the court to order support based on the income they should be making.
Can a parent agree to pay more than the minimum child support obligation?
Yes. Minimum child support laws in California calculate child support according to the factors mentioned above. However, a custodial parent may receive more support than what the law calculates if the paying parent agrees to the higher payment.
How do I start a child support case in California?
In California, even if a judge orders child support, you still need to start a case. There are two ways to do this:
- Submit an application to your local branch of California Child Support Services (CSS)
- File a case in the California family court
In many cases, the court and CSS work together: A court order may give CSS authority to collect child support from a parent, and CSS may be the enforcing authority for a court order.
Opening a case through California Child Support Services
To open your child support case through CSS, you must file an application online or with the child support agency in your area. The application asks for certain facts, including information about:
- The marriage and divorce between you and the other parent (if applicable)
- If you weren’t married to the other parent, information about the noncustodial parent’s residence and work in California
- Your income and the noncustodial parent’s income
- The child’s birth
- Where the child is living and has lived in the past
- Previous child support orders or child support services received
- Any history of family violence
- Visitation
- Other children you do and don’t share with the noncustodial parent
After you submit your application, your local child support office will contact you to help you get a child support order from the court. They can also help collect payments or enforce support orders.
Opening a case in court
The California family law court may establish your right to child support after you file a petition for custody and support of minor children. You may also seek child support when you petition for a divorce from your child’s other parent or when you file a petition to determine parentage if one parent has not been established as the child’s legal parent.
After you file your case with the court, you have to have your petition, a summons and a blank response form personally served on the other parent.
Each parent will have the opportunity to present evidence of their income. If the parents can reach an agreement regarding child support, they can ask the court to approve their agreement without going to a trial. If they can’t agree, the court will examine the evidence and issue a support order based on the factors discussed above.
How do I modify child support in California?
If certain aspects of your or the other parent’s life change while your child is a minor and you feel you need more or less financial support, you may request a modification of your support order.
You may do this by asking the court for a modification, or you may request a modification from CSS. Typically, a child support obligation can’t be modified unless the change in circumstances would cause a 20 percent or $50 difference in the support amount (whichever is less).
Life circumstances that might warrant a modification include:
- A change in custody or visitation
- Either parent getting a new or additional job
- Incarceration of either parent
- Either parent’s job loss
- A new disability of either parent
- Either parent’s military deployment
- An increase or decrease in income for either parent
- A change in either parent’s family size
When you request a modification, you might have to provide the following information:
- Income statements
- Retirement paperwork
- Incarceration information
- Custody or visitation orders or information
- Insurance paperwork
- Unemployment benefit information
- Information about any disability you or the other parent has
- Proof of childcare expenses
How an attorney may help
You may open and maintain a California child support case on your own, but you might find attorney assistance beneficial. An attorney can help ensure that you have all the necessary financial and personal information from the other parent so that you may obtain the maximum amount of child support available in your case. Or if you’re the parent who must pay child support, an attorney may highlight relevant information to make sure that you don’t pay more than you owe.
