California Child Support

California child support laws provide a method for the courts to examine the financial circumstances surrounding parents in order to determine the appropriate child support payment.

The California Department of Child Support Services helps establish child support, aids in collection of child support payments, and offers services to help both parents meet the financial needs of their children.

To begin the process for getting child support in California, you must contact the local child support agency in your county of residence and request an application for services. These agencies provide service at no charge. Before the court will calculate your California child support payments, the court will consider the following information:

• Gross income of both parents (This includes tips, commissions, bonuses, unemployment benefits, disability and workers’ compensation, interest, dividends, rental income, Social Security, pension benefits, and any lottery or prize winnings.)
• Child support for children of other relationships
• Spousal support paid or received
• Medical/dental/vision insurance costs
• Childcare expenses
• Extra education expenses
• Extraordinary child expenses
• Number of children age 12 or over
• Court-ordered arrears paid by the noncustodial parent

Your child support order can only be changed by a new order issued by the court or by a stipulation of the parents that the court must approve. Either the custodial parent or the non-custodial parent may request a modification, but there must be a substantial change in circumstances. Commonly, a substantial change in circumstances means there is:

• A raise or cut in the income of either parent
• A change in the custody of a child
• Addition of or a change in the availability of health insurance coverage
• Obligation of either parent to support other dependants (children or elderly parents)
• Additional unexpected medical or educational expenses
• Additional expenses for special needs of gifted or handicapped children

If there is only a minor change in circumstances, such as one parent being between jobs, the court may be unlikely to modify the child support order.

A parent's duty to pay child support generally ends when the child turns 18 and graduates from high school, turns 19, dies, or is emancipated--whichever happens first. However, this may not apply to a child who has severe special needs. If your child will continue to be dependant after age 18 or 19, you may need to formally request that child support payments continue.

Since September 2006, all child support payments in California must be processed by the State Disbursement Unit (SDU). This means that payments will be made to the state and then processed and disbursed to the custodial parents. Non-custodial parents cannot make child support payments directly to the custodial parent or minor child.

Most often, child support orders are enforced by a mandatory payroll deduction. With mandatory payroll deductions, the court orders the parent’s employer to deduct payroll funds for the support of the children. The money deducted from the payroll check is paid to the state from the day the judge signs the California child support order. Employers cannot refuse to implement the court’s order and the parent cannot dictate when they will make their child support payments. The state’s disbursement unit then distributes the child support payments to the custodial parent.

If you have questions regarding California’s State Disbursement Unit, you can call them toll-free at 1-866-325-1010.

There are also private companies that can help parents enforce child support orders. These companies are essentially collection agencies that will keep a small percentage of the child support payment as their fee. These companies tend to be most helpful when a non-custodial parent has moved away, stopped working and reporting wages, or otherwise disappeared leaving the custodial parent with few resources.

• Your Guide to Child Support Services
• Establishing a Child Support Order
• Changing Your Child Support Amount
• How to Resolve Problems with Your Child Support Case

• Community Property with Right of Survivorship
• Divorce Equitable Distribution
• Division of Marital Property

• Free Legal Separation Forms
• Divorce Statistics
• Legal Separation
• Filing for Legal Separation
• Green Card Divorce

• Retroactive Child Support Payments
• Alabama Child Support
• Child Support Payment
• Connecticut Child Support
• Division of Child Support Enforcement