Child Support
Child Support
Child support is the amount of money that a court tells a parent to pay every month. This money is to help pay for the children’s living expenses. This is ordered where the non-custodial parent (the parent the child does not live with) makes payments to the custodial parent.
The standard child support payable to the custodial parent absent unusual circumstances is referred to as “guideline support” which is addressed in Fam. Code §4053: In implementing the statewide uniform guideline, the courts shall adhere to the following principles:
- A parent's first and principal obligation is to support the parent's minor children according to the parent's circumstances and station in life.
- Both parents are mutually responsible for the support of their children.
- The guideline takes into account each parent's actual income and level of responsibility for the children.
- Each parent should pay for the support of the children according to the parent’s ability.
- The guideline seeks to place the interests of children as the state's top priority.
- Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children.
- Child support orders in cases in which both parents have high levels of responsibility for the children should reflect the increased costs of raising the children in two homes and should minimize significant disparities in the children's living standards in the two homes.
- The financial needs of the children should be met through private financial resources as much as possible.
- It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children.
- The guideline seeks to encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation.
- The guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formula.
- Child support orders shall ensure that children actually receive fair, timely, and sufficient support reflecting the state's high standard of living and high costs of raising children compared to other states.
For an estimation as to child support obligations please refer to California Child Support Services Guideline estimator here https://childsupport.ca.gov/guideline-calculator/.
Department of Child Support Services (DCSS) Role in Child Support
A party seeking child support may seek assistance from the Department of Child Support Services (DCSS) who can file a request on behalf of the custodial parent. Where an order has been made for child support and the parent refuses to voluntarily pay, DCSS pay enforce the child support order.
Enforcement actions can include:
- Suspension of their driver’s license or passport
- Revocation of professional and occupational licenses
- Bank and property liens
- Interception of tax refunds
- Interception of lottery winnings
Also, by California state law, unpaid court orders get charged 10% interest. As a last resort, civil contempt charges may also be filed against the non-paying parent.
