From Cutting the Umbilical Cord to Cutting the Child Support Check

Raising a child comes with financial responsibilities, which become tougher when parents’ divorce or separate, and child support payments become necessary.

Child support is the amount of money the court orders a parent to pay monthly for their child’s living and medical expenses, until they turn 18. However, there are exceptions, and the obligations can continue beyond 18, including but not limited to if the child is still a full time high school student, child support will continue until the child turns 19 or graduates from high school, whichever occurs first. Usually, payments go to the parent primarily caring for the child or children or to the parent that earns less.

Why is Child Support Necessary?

Child support exists to provide children with financial stability despite changes in their parent’s relationship. Family Code Section 4053 outlines key reasons behind child support, including:

• Ensuring a child’s financial needs are met through private resources as much as possible.
• Keeping children a priority.
• Maintaining a shared standard of living between both parents.

How are Child Support Payments Determined?

Several California Family Codes provide guidelines and a standardized formula for determining child support payments. Most Courts use the Xspouse program (and formerly used the DissoMaster program) to calculate the child support amount, which considers the following:

• Each parent’s gross income (income from all sources).
• Custody arrangement and the time each parent spends with the child.
• Number of children involved.
• Tax filing status (married filing jointly, head of household, etc.).
• Health insurance costs paid by each parent.
• Childcare expenses
• Other factors not listed.

Child Support Modifications

Similarly to other family law decisions, child support orders are not set in stone. A judge can change support if certain circumstances change:

• Paying parent’s income is reduced.
• Receiving parent is making more money.
• Paying parent is spending more time with their child.
• Unique situations requiring extending support beyond the child’s 18^th birthday.

If parents disagree on a modification, one parent must file a Request for Order, form FL-300, for the court to review the situation and decide whether to modify the child support order amount or duration.

Child Support Payment Details

Timely child support payments are critical. Parents must begin payments as Court ordered, or they will accrue 10 percent interest annually. Usually, an income withholding order deducts support directly from the paying parent’s paycheck.

California’s Local Child Support Agency (LCSA) enforces serious consequences for failing to pay child support, including:

• Garnishment of wages and tax refunds.
• Reporting to credit agencies.
• Suspension of driver’s license.
• Property liens.

Parents experiencing difficulties making payments should file a Request for Order as soon as possible, instead of ignoring payments.

Final Thoughts

Understanding child support in California empowers parents to meet their financial duties while prioritizing their children’s well-being.

Whether you are the parent seeking support or the one required to pay, it is crucial to stay informed about the process and openly communicate to establish a child support order. While California provides resources to assist parents, consulting an experienced family law attorney can provide clarity and ensure the best outcome for your child.

Nancy Martinez is a Family Law Attorney at Lewitt Hackman.