FAQs
Your child support order can go up or down based on information gathered. The order may not be what you expected. There is no charge for requesting a modification through the local child support agency. Even if your request is denied, you can still go to court to have a judge decide your order.
What is a fair amount of child support in California? ›
On average, a typical child support monthly payment is about $400-500 in California, but it can vary greatly. An experienced child support attorney in Orange County, CA can help walk you through every step of the process.
Can you negotiate child support in California? ›
Yes, you can negotiate child support in California—but you and your spouse have to agree on every detail. Once both sides reach a compromise, you will submit the written agreement for court approval. This is the next hurdle in the negotiation process.
Does child support increase if salary increases in California? ›
In most circ*mstances, the court doesn't wish to penalize a parent for increasing their earnings, but instead, will only order an increase if the parent receiving child support can show that there is an increase in the children's needs, that there's been a significant increase in the cost of living, or that the ...
What is the new child support law in California in 2024? ›
Effective Summer of 2024, payments received toward government-owed debt will be distributed (pass through) to parents who previously received cash assistance instead of reimbursing the state general fund for assistance services provided to the parents.
How to pay less child support in California? ›
To gain a reduction, you must file a motion requesting a decrease based on the substantial change of circ*mstances with the court. As the court reviews a modification request, they will first consider whether a significant change in circ*mstances has occurred since the original child support agreement was ordered.
What is the biggest factor in calculating child support? ›
What are the main factors that affect the amount of a child support payment?
- The gross monthly income of each parent.
- The cost of daycare for the child(ren) each month.
- The cost of medical insurance for the child(ren)
- The living arrangements of the child(ren) (for example how many nights they spend at each parent's house)
Will my ex still pay child support if I make more money in California? ›
A: Either parent can petition to modify a child support order if the parent paying for child support receives a significant increase in income. Additionally, either parent can request a modification if the parent receiving child support payments has a significant increase in income.
Do you have to pay child support if you have 50 50 custody in California? ›
However, sharing 50/50 custody in California does not mean the parents are not responsible for child support. Each parent must pay a portion of the child support obligation.
Is California strict on child support? ›
Child Support Payments and Enforcement
California has various enforcement measures for unpaid child support, including: Wage garnishment. Liens on property. Suspension of driver's license or professional licenses.
If you qualify, you will be able to offer a compromise repayment to the state. In other words, you may offer to reduce the debt by paying an amount that is less than the full amount you owe. Any reduction in your arrears and interest owed will be based on your income and assets.
What is considered a hardship for child support in California? ›
FINANCIAL HARDSHIP Circ*mstances evidencing hardship include extraordinary health expenses for which the parent is financially responsible, and uninsured catastrophic losses; minimum basic living expenses of parent's natural or adopted children for whom the parent has the obligation to support from other marriages or ...
How often can child support be modified in California? ›
The California child support statutes commonly allow a modification petition to be filed every three years or if there has been “a substantial change in circ*mstances” since the original order was decreed. Usually, the most common reason for a change in your child support is a change in income for either parent.
What is the max percentage child support can take in California? ›
The state places no cap on the amount of child support a paying parent must pay each month. Instead, it's based solely on the amount of income both parents make each month, the amount the greater-earning parent earns, and the parenting/custody time of each parent.
Does child support go down if the father has another baby in California? ›
If the father has another baby, will child support go down? It's important to understand that simply having another child does not automatically reduce your child support obligation. However, if your circ*mstances have changed, it is possible to seek a modification of the child support agreement.
Can you stop child support if both parents agree in California? ›
California child support laws state both parents are mutually responsible for the support of their children. This means, technically, parents do not have the authority to waive or eliminate child support obligations, even if both parents agree.
Do you pay child support if the mother makes more than the father in California? ›
Mothers are not exempt from California's child support laws. If the mother is a higher earner than the child's father, or if the father has custody, the mother will be expected to pay child support to contribute to the expenses of caring for the child.