Child Support in Los Angeles

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right to support.How much child support should I pay orsigned and not rescinded within 60 days it has the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