The guide on California child support you are about to read lays out the 20 most important things every parent must know.
We wrote this guide for one reason - for fathers and mothers who have questions and need a place to start before they consult with an experienced attorney.
This is not legal advice, and it is not a substitute for it. Once you have read this, it's time to get advice regarding your specific child support matter. We are selective about the cases we take on. We only represent good people with the right intentions and are serious about hiring a top lawyer for their California child support case.
We offer an affordable initial strategy session to discuss your child support facts and questions. If our firm is a good fit for your needs and we believe we can help you, we will give you a quote for that representation.
1. Purpose of California Child Support Laws
California Family Code 4053 outlines the primary principles behind the state's child support laws:
- Parents' first and primary obligation is to support their minor children according to their circ*mstances and station in life.
- Both parents are mutually responsible for child support.
- The guideline considers each parent's actual income and level of responsibility for the children.
- Each parent should pay for the support of the children according to their ability.
- Children should share in the standard of living of both parents.
- Child support may improve the custodial parent's standard of living because that improves the children's lives.
- Child support orders must ensure that children actually receive fair, timely, and sufficient support.
These principles guide courts in interpreting and applying child support laws, ensuring that children's best interests are always at the forefront of any decision.
2. Calculating Child Support in California
California uses a complex formula to determine child support amounts, often called the "guideline" amount. The primary factors considered in this calculation are:
- Number of children requiring support
- Percentage of time each parent spends with the children (timeshare)
- Each parent's net disposable income
The state uses computer programs like DissoMaster or X-Spouse to calculate guideline support. While these programs simplify the process, understanding the inputs is crucial.
Other factors that may affect the calculation include:
- Health insurance premiums
- Mandatory union dues or retirement contributions
- Job-related expenses
- Mortgage interest and property tax deductions
- Hardship deductions
3. Types of Child Support Add-Ons
In addition to basic child support, California law recognizes two categories of add-ons:
Mandatory add-ons:
- Uninsured health care expenses: These are typically divided between parents and, as of September 1, 2024, are usually divided based on each parent's net disposable income.
- Childcare costs related to employment or education: These costs are also generally divided between parents and the court has discretion on how to divide it.
Discretionary add-ons:
- Private school tuition
- Costs for extracurricular activities
- Travel expenses for visitation
Courts have discretion in ordering these additional expenses and determining how they should be allocated between parents.
4. Initiating Child Support Proceedings
Child support actions in California typically start through one of two avenues:
- As part of a divorce, legal separation, or parentage case
- Through the California Department of Child Support Services (DCSS)
The process generally involves the following steps:
- Filing a Request for Order (Form FL-300) with the court
- Completing an Income and Expense Declaration (Form FL-150)
- Serving the documents to the other parent
- Attending a child support hearing
Each parent must provide accurate and complete information on the Income and Expense Declaration.
5. Retroactive Child Support
California child support laws allow for retroactive orders in certain circ*mstances:
- Initial orders can be made retroactive to the date of filing the petition or complaint
- Modified orders can be retroactive to the date of filing the modification request
However, there are exceptions to these general rules:
- If the parent ordered to pay support wasn't served within 90 days of filing and wasn't intentionally evading service, the order is effective no earlier than the service date.
- For unemployment-based modifications, the order can be retroactive to the later of the service date or the date of unemployment.
- For military service activations, special rules apply regarding retroactivity.
6. Modifying Child Support Orders
Parents can request modifications to existing child support orders when there's a significant change in circ*mstances. Common reasons for modification include:
- Changes in parenting time arrangements
- Significant increases or decreases in either parent's income
- Birth of another child
- Changes in the child's needs or expenses
- Job loss or change in employment status
To modify an order, parents must:
- File a Request for Order with the court
- Demonstrate a change in circ*mstances (for orders at or above guideline amounts)
- Provide updated financial information via a new Income and Expense Declaration
Any change in circ*mstances should be substantial. Minor fluctuations in income or parenting time may not warrant a modification.
7. Determining Income for Child Support Purposes
California child support laws consider various sources of income when calculating support. Common examples include:
- Wages and salaries
- Bonuses, commissions, and overtime pay
- Self-employment income
- Investment income (interest, dividends, rental income)
- Unemployment benefits
- Disability benefits
- Workers' compensation benefits
8. Imputing Income and Earning Capacity
In cases where a parent is unemployed or underemployed, the court may consider their earning capacity instead of actual income. This is based on three factors:
- Ability to work
- Opportunity to work
- Whether it's in the child's best interests
Courts may impute income if a parent has voluntarily remained unemployed or underemployed without good reason.
9. Role of New Spouse Income
Generally, a new spouse's income doesn't directly affect child support calculations. However, it may indirectly impact support by changing the parent's tax filing status and potentially altering their net disposable income.
In extraordinary cases, the court may consider new spouse income if excluding it would cause extreme and severe hardship to the child.
10. Child Support Payments and Enforcement
Child support payments are typically made directly from one parent to the other. In some cases, especially those involving the Department of Child Support Services, payments may be made through the State Disbursem*nt Unit.
California has various enforcement measures for unpaid child support, including:
- Wage garnishment
- Liens on property
- Suspension of driver's license or professional licenses
- Interception of tax refunds
- Contempt of court proceedings
11. Child Support Arrears and Interest
Unpaid child support, known as arrears, accrues interest at 10% annually in California. This interest is simple, not compound.
There are ways additional interest may accrue on top of the 10%.
California child support laws generally don't allow arrears to be waived or reduced, even by agreement between the parents. The rationale is that child support belongs to the child, not the receiving parent.
12. Termination of Child Support
In California, child support typically ends when the child:
- Turns 18 (or 19 if still in high school and living with a parent)
- Marries
- Joins the military
- Becomes emancipated
- Dies
Parents can agree to continue support beyond these points, such as for college expenses, but courts cannot order it without parental agreement.
13. Special Considerations for Self-Employed Parents
Determining income for self-employed parents or business owners can be challenging. Courts may consider various sources of information:
- Profit and loss statements
- Bank and credit card statements
- Loan applications
- Lifestyle and monthly expenses
- Expert testimony from forensic accountants and potentially other types of experts
Self-employed parents or business owners should be prepared to provide detailed financial records to substantiate their income claims.
14. Health Insurance and Medical Support
California child support laws require every support order to include provisions for health insurance for minor children. This typically involves one or both parents providing health insurance coverage for the child.
The court will order a parent to maintain coverage if employer-sponsored health insurance is available at a "reasonable cost" (generally defined as not exceeding 5% of gross income).
Uninsured medical expenses are usually shared between parents, and the court can order a different allocation based on the net disposable income and circ*mstances.
15. Appeals and Reconsideration
If a parent believes the court made an error in a child support order, they have two common options:
- File a motion for reconsideration within 10 days of service of the written order
- Appeal the decision to a higher court within 60 days of the order
The above are just some of the options. A parent must act quickly as these deadlines are strictly enforced.
16. Child Support and Parenting Time
California child support laws link parenting time (timeshare) to support amounts. Generally, the more time a parent spends with the child, the less child support they pay (or the more they receive if they're the lower earner).
This connection sometimes leads to disputes over parenting time driven by financial motivations. Courts frown upon using children as leverage in financial matters and may take corrective action if they perceive such behavior.
17. Bonuses, Overtime, and Commissions
These forms of income are generally included in child support calculations, but their treatment can vary:
- For consistent bonuses or overtime, the court may include them in the regular support calculation.
- For sporadic or unpredictable bonuses, the court might order a percentage of future bonuses as additional support (known as an Ostler-Smith order).
- If overtime or bonuses are likely to decrease or stop, the court may exclude them from calculations but will typically require evidence of the anticipated change.
18. Hardship Deductions
California law allows for hardship deductions in certain circ*mstances, which can reduce the amount of income considered for child support. Common hardship deductions include:
- Extraordinary health care expenses
- Uninsured catastrophic losses
- Basic living expenses of children from other relationships living with the parent
Courts have discretion in granting hardship deductions and must document their reasoning.
19. Child Support and College Expenses
Unlike some states, California child support laws don't require parents to pay for their child's college expenses. However, parents can agree to contribute to these costs as part of their child support agreement.
If parents agree to pay for college expenses, this agreement can be incorporated into a court order and become enforceable.
20. Interstate Child Support Issues
When parents live in different states, child support matters can become more complex. The Uniform Interstate Family Support Act (UIFSA) provides guidelines for establishing and enforcing support orders across state lines.
Key points about interstate child support in California:
- Only one state at a time has jurisdiction to establish or modify a support order.
- California can enforce another state's support order without taking jurisdiction over the case.
- Parents can participate in hearings in other states by telephone or video conference.
Next Steps on Your Child Support Issues
Navigating California's child support laws can be complex, but understanding these fundamental principles can help parents ensure fair outcomes for their children. While guidelines provide a framework, courts can deviate from them when circ*mstances warrant.
Please consult with an experienced family law attorney like those at our law firm for personalized advice on your specific situation. Child support laws can change, and individual cases may have unique factors that affect the outcome.
