California Child Support: Understanding The Details

Looking for clarity about California child support? Is there a child-support-related conflict between you and the other parent? Are you wondering how and when you’re going to get paid? Are you concerned that you are overpaying child support? We understand your frustration—and we’re here to help.

Navigating child support laws can be intimidating and confusing, and they vary from state to state. In California, every parent has a duty to provide for their child financially. There can be serious legal consequences for a parent who fails to comply with a child support order. It can be expensive to reside in California, let alone raise a child in the state. Therefore, it is important that all parents understand child support laws in California.

Every child deserves financial stability. At Cage & Miles, we advocate for appropriate child support orders either for the child support payor or recipient. In addition, we work with parents should child support need to be modified based on a change of circumstances. In this guide, we will go over all you need to know about child support in California. We will go into detail about the legal processes, how child support is determined and modified, and how to receive child support payments, as well as answer frequently asked questions.

Covering the Basics

There are several ways to go to court to request child support payments. Child support may be ordered as part of a divorce action, domestic violence action, or a parentage action. Many people are familiar with divorce cases or restraining order cases, but a parentage action is less well-known. If parents of a child are unmarried or if more than two parents may have parental rights, a parentage action may be the appropriate vehicle to bring issues to the court’s attention and obtain necessary court orders.

Parentage is automatically assumed when both parents were married to each other at the time of a child’s birth. In these situations, a parent may request child support in a divorce case. In cases where the parents are unmarried, parentage itself may need to be established by the court. This is essential for any type of parental rights, including physical and legal custody.

There may be cases where a father denies biological paternity of a child. In those cases, the court will order genetic testing. If the test comes back as a match, then the father may be legally required to pay child support (depending on the financial circumstances of the parties). The father may also request custody.

Although child support and custody matters are generally ordered or requested simultaneously, they are not dependent on one another. A parent may not withhold custody of a child if the other parent is refusing to pay child support or is behind on payments. Likewise, a parent may not withhold child support if the other parent is frustrating custody or visitation with the child.

Child Support

Child support can be ordered at any time during the pendency of a divorce, domestic violence, or parentage action. Upon request, the court will make a “guideline” child support order using a set formula to calculate the appropriate child support amount. The parties can also reach agreements on child support and set temporary orders by memorializing those agreements and filing them with the court. It is not necessary to wait until the time of trial or a final resolution of a matter to obtain child support orders. In fact, some cases can take months or years to complete, which would leave a child without financial support for a significant amount of time.

Once the underlying action concludes, the child support order will typically remain in effect until a child reaches the age of 18 (or graduates high school, whichever is later), or further court order. A child support order can also be modified at any time during the process (including following the conclusion of the underlying action) if there has been a change of circumstances.

Modifications to Child Support

If the parties have a court order or stipulated agreement for “guideline” child support, that order will always be modifiable based on a change of circumstances. Upon request of either party, the court may modify a child support order and perform a new guideline calculation. Most often, modification requests are made as a result of one or more of the following:

• Timeshare with the child(ren) has changed
• The support recipient’s income has increased or decreased
• The support payor’s income has increased or decreased
• Either parent requests imputation of income to the other for failure to make best efforts to support the child(ren)
• There is a change to the tax filing status or tax deductions for either parent

A modification could include an increase or reduction in child support payments, a change in payment patterns, or termination of child support altogether. 

It is important to thoroughly consider any child support modification prior to filing a request with the court. Although you may feel a modification is warranted in your favor, the court will make a guideline child support order regardless of which party made the request. This means that if you file a request to modify support upward, but have not run new numbers with an experienced family law attorney to determine if that request is warranted, you may end up with a reduction in child support. The reverse could also apply.

Getting Into the Details

Base Child Support

In California, child support orders are calculated using a detailed formula. You can find California-based child support calculators online. It is important to get a good estimate of child support amounts to discuss with the other parent.

The following factors will impact a child support order:

• Income for both parents, from whatever source
• If one parent is underemployed or unemployed, their earning capacity and potential
• The percentage of time spent with each child
• Tax filing status for each parent
• Number of dependents for each parent
• Tax deductions such as healthcare costs or other deductions related to home ownership (mortgage interest and property taxes)

Priority And Use Of Child Support

You may notice from the above list that items such as rent expense, car payments, credit card debt, student loan debt, or other monthly expenses are not listed. This is because child support takes priority over other monthly expenses. Parents are supposed to budget other costs after payment of child support. In addition, there is no limitation or special restrictions on how the child support may be used. Child support is paid by one parent to the other and these funds can be used at will by the recipient parent.

Remarriage Of Either Parent And New Spouse Income

One common area of concern is the impact remarriage will have on a child support recipient’s support order or whether the new spouse of a child support payor may have his or her income subject to a child support order. Child support may change upon remarriage of either parent but for a limited number of reasons. When either parent remarries, he or she will likely have a new tax filing status (Single or Head or Household may now become Married Filing Jointly). In addition to having a new tax filing status, upon remarriage, a parent may be in a new tax bracket. Taxes paid by a parent will impact net income available for child support. Other than the tax impact the new marriage may have on the guideline child support calculation, little else should change. A new spouse’s income is generally sheltered from being considered income available to pay child support. A child support recipient who gets remarried is not barred from collecting child support (unlike spousal support).

How Do I Get Child Support?

There are many avenues to consider when requesting a child support order. A motion can be filed in family court with the help of a family law attorney, the family law facilitator, or even by one party as a self-represented litigant. The parents can hire a mediator to discuss the issue of child support and hopefully reach an agreement which can be signed and filed with the court. Either parent may also engage the services of the Department of Child Support Services for the establishment, collection, and/or enforcement of a child support order.

If you are concerned the child support payor may not make his or her payments or if there is already a history of late or missed payments, wage garnishment is an option. If the child support obligor is employed, a wage garnishment is a simple way of obtaining timely and accurate child support payments. If the child support obligor’s whereabouts or employment is unknown, collecting support will be more challenging. In addition, if the child support obligor is self-employed, additional complications may arise regarding collection of support.

Obtaining the correct child support order is a concern for many parents. It is not uncommon for either the child support payor or the recipient to be dishonest about his or her income. At the outset of any child support request, both parties are required to complete an Income and Expense Declaration, which discloses all income (from whatever source) and average monthly expenses. Documentation of income is required to be attached to this disclosure form. Formal discovery is also available, which permits parents to review each other’s tax returns, bank statements, credit card statements, retirement documents, investment portfolio, and any other financial documentation. Don’t let the other parent tell you that their income is none of your business - because it is when you have children together. A subpoena can be issued to a third-party — in many cases their employer — to get the financial information required.

If you suspect the other parent has lied or is hiding their true income, it is important to speak with an experienced family law attorney regarding your options for obtaining documentation and relief from the court.

What Are California’s Mandatory Child Support Add–ons?

Raising a child (and especially more than one) is expensive. In addition to a monthly support amount , other costs may need to be covered such as childcare, healthcare, education, special services, transportation, extracurricular activities, and so on. Childcare is often a big area of contention because it can be quite expensive.

Mandatory add-ons include expenses such as uncovered (“out-of-pocket”) medical, dental, orthodontia, and psychological expenses and childcare incurred for work, training,  or education. As of September 1, 2024, the parties are to divide up these costs in proportion to their relative net incomes, also accounting for the amount of base child support paid and any spousal support being paid and received.

Discretionary add-ons include travel expenses for visitation (for example, if the parents live in different states), extracurriculars, and private school tuition. Many parents agree to share costs of extracurricular activities equally as long as they are in agreement with signing the child up. However, if discretionary add-ons are requested in court, there is no guarantee of an order for payment. This is a substantial gray area in child support cases. It is important to talk to an experienced family law attorney about your judge’s thoughts or preferences regarding discretionary add-ons.

How To Support Your Children Through Divorce — Tips From A Licensed Marriage And Family Therapist

1. Remember that this is a transition in everyone’s life. Family dynamics are shifting, and this can be a very confusing time for your kids. Try to empathize with your kids and have an understanding from their perspective. You can say, “I know a lot of things are changing right now. Is there anything I can do to help?” or “Our family is transitioning right now. Is there anything we can do to make this easier for you?”
2. Validate and listen to your children’s feelings and experience of the divorce. This may be a relief for some, but your kids may be experiencing anger, hurt, sadness, confusion, and fear of what the future could look like. Check in with your kids and ask open-ended questions/statements like “This is a confusing time right now. What are your thoughts on how it’s going?”, “What do you hope for our family’s future?” or “What are you feeling about us getting divorced?”
3. Keep it age appropriate. Kids do not need to be in the know about all the details surrounding the divorce. The children should be aware of custody arrangements made so they can know what to expect and when they will see the other parent. It is also important to make sure we’re reassuring our children that the separation or divorce is not their fault (kids have a way of thinking that somehow this is their fault). Kids need to feel secure that even though their parents are no longer together, they still have two parents that love and care for them and will retain a consistent presence throughout their lives.
4. Be mindful of the way you discuss the other parent around your children. Kids are smart and pick up on cues via body language and tone of voice. While you may feel anger or resentment toward your spouse, those feelings should be worked through/discussed in therapy or in an adult setting. We as adults need to also remember that speaking negatively about the other parent, is in a way speaking negatively about your child and can put kids in the middleman/messenger role.
5. Build a solid co-parenting foundation. With co-parenting we want to put our own emotions aside and strictly focus on the children. Your children deserve to have two parents show up for them at sporting events, drop-offs, or birthday parties, without the burden of worrying about what one or both parents may do or say.

FAQs

How do California courts handle college tuition  being factored into a child support payment?

Unless a child is disabled, California courts lose the jurisdiction (power) to make child support awards once a child reaches the age of 18 or graduates from high school (whichever is later). This means the court does not have the ability to make an order for either parent to pay for a child’s college tuition. The big exception here would be a case where the parents have agreed to provide for college tuition expenses in a stipulation reached outside of court. The court does have the ability and obligation to enforce those types of formal agreements made by the parties, including those pertaining to funding a child’s college tuition.

How do I enforce a child support order?

Enlist the help of a qualified family law attorney. In California courts, if the other parent is purposefully not paying child support, they may be held in contempt of court. They may be fined, jailed, or subject to wage garnishment until they comply with the order. In addition, you may request reimbursement for reasonable attorney fees you may have expended in collecting child support.

When is the child support payor considered delinquent?

This will depend on the specific language contained in the child support order. Generally, an order is due on the 1st of each month or in two monthly installments (one on the 1st and the other on the 15th of the month). If a child support order is payable on the first day of the month, it is not generally considered “late” or “delinquent” until the end of the month.

Ready to Take the Next Step Towards Making Sure Your Children Are Secure?

Contact Cage & Miles family law attorneys today for a free consultation exploring child support further, and start your journey towards peace of mind.