| Child Support OverviewIn 1999, over $14 | | | | support order, to order either or both |
| billion was owed to California's children. | | | | parents to maintain health insurance for the |
| 35% of single parent families had income | | | | minor children if it is available at no cost |
| below the poverty line. Statistics show that | | | | or at a reasonable cost.How do I get child |
| payment of child support reduces poverty and | | | | support order?Once a petition in a |
| corresponds to greater involvement by the | | | | dissolution (divorce) has been filed a parent |
| non-custodial parent in the children's | | | | may request that the Court order temporary |
| lives.Do I have to pay child support?Child | | | | child support for children born during the |
| Support must be paid by a non-custodial | | | | marriage. Where the parents are not married, |
| parent until the child marries, dies, is | | | | before the Court can order support, paternity |
| emancipated, turns 18 and is not a full time | | | | must be established. Since January 1, 1995, |
| high school student, or turns 19 if they are | | | | all hospitals have been required to provide |
| a full time high school student, whichever | | | | unmarried parents with the opportunity to |
| occurs first. An adult child who is disabled | | | | voluntarily acknowledge paternity by signing |
| and unable to earn a living has an ongoing | | | | a Voluntary Declaration of Paternity. If this |
| right to support.How much child support | | | | is signed and not rescinded within 60 days it |
| should I pay or receive?In California, the | | | | has the same effect as a paternity judgment |
| courts use a complex mathematical formula to | | | | and can provide the basis for custody, |
| calculate child support that is based on a | | | | visitation or support. Even if it has not |
| number of factors such as the gross income of | | | | been challenged a motion for genetic testing |
| each parent, the percentage of time each | | | | may still be brought within two years of the |
| parent spends with each child, available tax | | | | child's birth challenging the Voluntary |
| deductions, child care costs, tax status of | | | | Declaration of Paternity.Once I've gotten a |
| each parent and so on. This amount is often | | | | child support order how do I enforce it?In |
| referred to as the "guideline" child support | | | | California, every time the Court makes a |
| amount. Because of the complexity of | | | | child support Order it must issue a Wage |
| calculating the "guideline" amount, the Court | | | | Assignment Order that directs the payor's |
| uses a software program called "Dissomaster." | | | | employer to deduct the amount of child |
| Most attorneys use this program and will be | | | | support from wages and pay it directly to the |
| able to perform child support calculations. | | | | payee parent. The wage assignment can be |
| The Dissomaster software can be found at Any | | | | stayed by written agreement of the |
| child support order must specify the amount | | | | parties.Can I get help from the County to |
| of child support and when it is to be paid. | | | | collect child support?Parents can retain a |
| Couples often agree to monthly payments in | | | | private attorney to establish and collect |
| two installments to coincide with the payor's | | | | support or employ the services of the |
| bi-weekly receipt of wages.Do the courts ever | | | | Department of Child Support Services (DCSS). |
| deviate from the standard formula for child | | | | Unfortunately, Los Angeles County has one of |
| support?The Court may depart from the | | | | the poorest child collection records in the |
| "guideline" amount in a number of situations | | | | state and fares poorly when compared to |
| set forth in Family Code section 4057 (b). | | | | national statistics.What other action can I |
| For example, the parent ordered to pay child | | | | take to collect child support?If you are owed |
| support may have extraordinary high income | | | | child support arrears you may request that |
| and the guideline amount would exceed the | | | | Court hold the payor parent in contempt. If |
| needs of the children. Another example would | | | | you can prove that non-payment was knowing |
| be where the children have special medical or | | | | and willful, the payor parent can be fined |
| other needs that require an amount greater | | | | and even jailed.If you are owed child support |
| than the guideline.Can I get my spouse to pay | | | | arrears you may bring an Order To Show Cause |
| extra for child care and training | | | | requesting that the Court determine the |
| expenses?There are a number of additional | | | | amount of arrearages. You can also petition |
| expenses that the non-custodial parent may be | | | | the Court for a Writ of Execution which can |
| required to pay in full or in part. Mandatory | | | | be used against bank accounts.Family Code |
| add-ons that the Court is required to order | | | | section 4600 also allows the Court to order |
| include child care costs related to a | | | | the payor parent to deposit up to one year's |
| parent's employment or training or education | | | | child support payments in an interest bearing |
| for employment and the reasonable uninsured | | | | account as security. This can be used if |
| health care costs for the children. | | | | there's been a problem receiving child |
| Discretionary add-ons include costs related | | | | support in the past or if the payor is self |
| to educational or other special needs of the | | | | employed.Can I modify a child support order |
| children and travel expenses for visitation. | | | | if circumstances change?If you already have a |
| Generally, the Court will allocate add-ons | | | | judgment in your case you can find out if the |
| equally between the parties. However, if the | | | | payor's income has changed by having them |
| paying parent can prove that this would be | | | | served with a Request for Production of an |
| unfair, Family Code section 4061(b) provides | | | | Income and Expense Declaration After Judgment |
| a procedure for the Court to allocate the | | | | (form FL-396) on the other parent, along with |
| payment of add-ons according to the net | | | | an Income and Expense Declaration (form |
| spendable income of each party. This most | | | | FL-150) which are available from are the tax |
| often comes into play where one party is also | | | | consequences of paying or receiving child |
| paying spousal support.Who pays for health | | | | support?Child support is not taxable income |
| insurance for the kids?Family Code section | | | | to the parent who receives it and it cannot |
| 3751 requires the Court, when making a child | | | | be deducted by the parent who pays it. |