Depending on the age of the children, child support obligations in California may last for almost two decades. That’s a long time and may add up to significant money. 

Questions about child support loopholes in California may arise for both the parent paying and the parent receiving the benefit. For one, having to pay may become difficult if life circumstances change. For another, if their co-parent is untrustworthy, they may worry they’ll find a way to avoid paying.

This article outlines considerations for both parents. It discusses legal methods an individual may use to reduce or eliminate their child support responsibilities. It also provides information that may help you protect yourself against another parent’s illegal attempts to stop or decrease their child support obligations.

Child support basics in California

Before we dive into what some consider to be child support loopholes in California, it helps to review some basics of child support in the state.

Under California law, both parents have an equal responsibility to support their child. 

In the typical case, a child support obligation lasts until the child turns 18 or up to the age of 19 if the child hasn’t yet completed 12th grade, provided they are enrolled in high school. Generally, both parents’ support obligation automatically terminates at that point. However, if a child has an incapacity, a parent might have to pay to support them well beyond their 19th birthday. 

How to stop paying child support in California the legal way

There are multiple legal reasons why a family law court or California Child Support Services (CSS) may stop or decrease a child support order. These legal reasons may include:

• The payer’s custody or visitation rights have increased
• The payer has terminated their parental rights 
• The child legally emancipated through military service 
• The payer is facing incarceration for more than 90 days
• The child legally emancipated through a court order
• The child is legally married
• The payer has developed a disability
• The payer lost their job
• The size of the payer’s family has changed

To stop a child support order or reduce support payments through child support modification in California, an individual often needs to file a motion to terminate or modify child support with the court or contact CSS. Sometimes, CSS may change child support payments without court involvement, but CSS matters are almost always resolved through court orders. 

Filing a court petition to terminate or modify an order

To ask for a change to your support order, you may file a Request for Order. Generally, you file in the same court that issued the original child support order. 

In this request, you must identify your reason for requesting modification or termination. You will have to submit an income and expense declaration or a simplified financial statement. In these documents, you often must include information about:

• Who lives in your household
• Your employment
• The property you own (real and personal)
• Your taxes 
• Your debts and installment payments
• The other parent’s Income
• Information about investment income
• Your bank account
• Your child’s healthcare expenses
• Any financial hardships you’re facing

In addition to the paperwork, you owe a filing fee. If you already have a family law case open with the court, requesting a modification or termination of child support currently costs $60 in most counties. If there is no previously existing case, the cost to file is currently $495, though that fee is only applicable if the person was defaulted in a family law case. Individuals with limited means may ask the court to waive its filing fees. 

Once you file your motion, you need to notify the other parent by having them served with the information. You might need to have the other parent personally served with your motion, meaning a person who is at least 18 and not involved in your case must personally deliver your court papers to the other parent. In certain circumstances, you might need to have the other parent served by mail. 

Evidence you might need to end or change a support order

To prove that the court or CSS should stop or change your child support obligations, you will need to submit documents and statements to justify a change in circumstances:

• Income and expenses for all parties involved
• Current custody, visitation or parentage orders

Methods some parents use to avoid child support obligations

Unfortunately, some parents expend a lot of energy trying to duck and dodge child support obligations they can afford. But searching for child support loopholes in California when someone has the ability to pay could land a parent in a world of trouble—sometimes even criminal trouble. 

Below are some unlawful tactics and how you can hold the other parent accountable for their share in supporting your child. 

Not paying child support

A parent might avoid their responsibilities by simply not paying court-ordered child support. Unpaid child support in California is a serious offense that may come with stiff penalties, including:

• Interest in addition to the outstanding balance
• Driver’s license suspension
• Reduction in workers’ compensation benefits
• A bank levy
• Interception of a tax refund
• Suspension of a professional license
• A negative credit report
• Criminal or financial penalties for contempt of court
• Interception of lottery winnings
• Suspension of a recreational license
• Passport denial
• Reduction of disability or unemployment insurance benefits
• Wage garnishment
• Criminal prosecution

Your local branch of CSS may help enforce child support obligations against the other parent. You may also ask the court in your case to sign an income withholding order for garnishment of the other parent’s wages. 

Underreporting income or earning capacity

A parent who doesn’t report all of their income or lies about their earning capacity to reduce their child support obligation may be subject to sanctions or criminal prosecution for perjury. 

Quitting or taking a lower-paying job

Some parents figure they can minimize their child support obligations by quitting work or taking a job that pays less. However, when calculating a child support obligation, the court can impute income to a parent in some circumstances. This means that the court can calculate support according to what a parent has the ability and opportunity to earn. The state also includes unemployment benefits in its calculation. Additionally, the court may order that a parent who isn’t working find a job. 

How an attorney may help

Many parents handle child support matters on their own. But others choose to hire an attorney because they find legal assistance beneficial in their cases. An attorney may review the facts of your child support case to help ensure the other parent is paying all the support they owe or to help ensure you aren’t paying an unjust amount of support. And if you’re facing any penalties for failure to pay support, an attorney may help eliminate or reduce your liability.