Under California law, child support is a right belonging to the child. The child becomes the real party of interest when a parent seeks to enforce the right. The duty of a parent to support the child is fundamental parental obligation.Child Support in California
Child support is an obligation a parent owes on behalf of a child or an amount owed to a county for reimbursement of public assistance paid on behalf of the child. The money paid is to help improve the child’s living conditions. It is intended to help divide the cost associated with the raising of a child. The court could order either or both parents to make payments to cover the child’s expenses.
Summary of Child Support in California
California child support laws can be found in Division 9 Part 2 of the California Family Code. The courts are required to adhere to the following statewide uniform guidelines:
1. A parent's first and principal obligation is to support his or her minor child according to the parent's circumstances and station in life.
2. Both parents are mutually responsible for the support of their child.
3. The guideline takes into account each parent's actual income and level of responsibility for the child.
4. Each parent should pay for the support of the child according to his or her ability.
5. The guideline seeks to place the interests of child as the state's top priority.
6. The child should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the life of the child.
7. Child support orders in cases in which both parents have high levels of responsibility for the child should reflect the increased costs of raising the child in two homes and should minimize significant disparities in the child's living standards in the two homes.
8. The financial needs of the child should be met through private financial resources as much as possible.
9. It is presumed that a parent having primary physical responsibility for the child contributes a significant portion of available resources for the support of the child.
10. The guideline seeks to encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation.
11. The guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formula.
12. Child support orders must ensure that the child actually receive fair, timely, and sufficient support reflecting the state's high standard of living and high costs of raising children compared to other states.
Calculation of Child Support in California
California follows a child support guideline formula to determine the statutory guideline amount of support owed to the custodial parent. The statutory guideline is held by the court to be presumptively correct. The two most important factors in the guideline are net income and the amount of time each parent spends with the child.
The judge will look closely at each factor and enter it into the complex formula. The formula used is the same formula in every child support case used by every other court in the state. The use of the statewide child support guideline is intended for fairness of child support decisions. Due to the complicated formula, there are computer programs the courts utilize to calculate the monthly child support payments. The program typically used is DissoMaster.
Income Considered in Child Support in California
California is in compliance with federal law in defining gross income. According to California law, gross income means income from whatever source it is derived. This includes wages, salaries, commissions, royalties, bonuses, rents, dividends, pensions, interest, trust income, annuities, worker’s compensation benefits, unemployment insurance benefits, social security benefits, disability benefits, and spousal support actually received from party who is not affiliated with the child support order. Gross income could also include income from the proprietorship of a business.
Using its discretion, the court may consider employee benefits or self-employment benefits, any corresponding reduction in living expenses, and other relevant facts. Also, the earning capacity of a parent instead of the parent’s income may be considered.
However, the gross income does not include income derived from child support payments actually received or income derived from any public assistance program.
Child Support Coverage in California
Child support covers a child's basic necessities and day-to-day expenses. Courts may order one parent to pay a specific amount to the other parent to cover part of a child's expenses including food, clothing, housing, education, and special needs.
However, in California, the cost of child care or uninsured medical expenses is not included in basic child support orders. The court will consider the additional cost and make an order in addition to the guideline support.
Agreement for Child Support
The parents may agree upon a child support amount, which is subject to the courts approval and cannot be prohibited by federal law. In situations where the stipulated amount would be below the child support guideline formula, the court must have the parties declare the following: they are fully informed of their rights concerning child support, the order is being agreed to without coercion or duress, the agreement is in the best interests of the child involved, the child needs will be adequately met by the stipulated amount and the right to support have not been assigned to the county. Furthermore, any child support agreements that would restrict the court’s jurisdiction over child support are void as against public policy.
Court Deviation from the Child Support Guidelines in California
The court has the authority to use its discretion to deviate from the child support guideline amount for any reason the court may see fit. However, if the amount of a child support order differs from the statewide uniform formula, the court will have an obligation to state in writing and on the record (1) the amount of support that would have been ordered under the guideline formula, (2) the reasons the amount of support offered differs from the guideline formula amount and (3) the reasons the amount of support ordered is consistent with the best interest of the child.
The amount awarded by the trial court is in its sound discretion and cannot be overturned absent a showing of clear abuse of discretion. An interference of an order will only be conducted if the higher court determines that no judge could reasonably have made the order under the circumstances.
Effect of Joint Custody on Child Support in California
Joint custody is an area in which the court may use its discretion in deviating from the child support guidelines. A child support award should not allocate a greater amount for a child than it leaves for a child in the paying parent’s custody. When the parents have a high level of responsibility for the child, the court orders should reflect the increase in cost of raising the child in two homes and should minimize any disparities in the child’s living standards in the two homes.
Modification of Child Support Order in California
Parents have no authority to terminate or modify a court child support court, but the court can modify a child support order at any time the court deems necessary. Thus, the child support judgment is not considered final in all aspects. Courts will only revise a child support order when there is a showing of material change in circumstances. For instance, a significant increase or decrease in either parent’s earnings, a change in custody or the amount of time the child spends with each parent and/or a change in any factor that would affect the child support guideline. For agreements or stipulations made between parties for support of the child, the court may modify as circumstances require. The determination to modify is on a case-by-case basis.
Either parent can present a request to the court to review their child support order. The request must be in writing and state the reasons why the existing order for support is too high or too low.
Liability/Enforcement of Child Support Order in California
Almost always the non-custodial parent pays child support to the custodial parent for the care of the child. If a non-custodial parent is not making court ordered child support payments, the custodial parent should contact the Local Child Support Agency. The agency can assist in the efforts to enforce child support orders even if the non-custodial parent resides in a different state.
The state has developed some tools to enforce court ordered child support payments. For those parents who fail to make payments, the following measures can be utilized:
1. Income Withholding/Wage Garnishment
2. Suspension or revocation of professional hunting/fishing licenses
3. Liens on real estate property, vehicles, or other assets
4. Driver’s license suspension or revocation
5. Passport denial, revocation or restriction
6. Reporting to credit bureaus
7. Contempt of court which could result in jail time and judgment entered for past due support
Termination of Child Support Order in California
Unless a child has a severe special need which causes him/her to remain dependent, child support is not a right that a child holds for an indefinite time. In normal situations, child support orders automatically terminate when the child reaches the age of 18 and graduates from high school, is emancipated by the court, has a change in legal custody, enlists in the armed forces, gets married, or passes away.
Child Support Attorney
Even though every county in California has a Local Child Support Agency that helps individuals obtain or enforce a child support order, an attorney could provide valuable assistance in difficult situations. The agency only provides guidance not legal advice.
The California Bar Association provides legal resources for child support issues. Also, there are some licensed California family law attorneys who will help individuals with their child support matters on a sliding fee scale for lower-income families or free initial consultation.
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