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| right to support.How much child support should I pay or | | | | signed and not rescinded within 60 days it has the |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