Under California law, both parents have an obligation to support their Children. (Cal. Fam. Code § 4053, subd.(b)). When it comes to child support, the court will make a support order on a case-by-case basis. This means that just because your friend receives $700 per month in child support, that does not necessarily mean that you will receive a comparable amount in your child support case.
Recent laws have created a new state agency to govern child support – the Department of Child Support Services. (Cal. Fam. Code § 17200). The agency helps either party: the custodial parent (the parent with whom the children live the majority of the time), and the non-custodial parent (generally the parent with visitation rights.) They can also help in legal cases to establish paternity, parent locating services (for absent parents), and of course the general support establishment, modification, and enforcement of child support orders. (Cal. Fam. Code § 17202).
First Steps to Establish Child Support
Before a court will order a person to pay child support, there must be legal proof the person is the parent of that child. (Cal. Fam. Code § 7641). Paternity can be established in a number of ways. If the parties were married, there may be a legal presumption of paternity that may or may not be able to be challenged. (Cal. Fam. Code § 7540 et. seq.) If the parties are not married, the typical way to establish paternity is through genetic DNA testing. (Cal. Fam. Code § 7551).
Establishing paternity is very important for your child or children. Not only will it clear the way for the court’s to have jurisdiction to enter a support order, it will also create specific other legal rights to other benefits as well. If the father of the child or children lives outside the State of California, the Child Support Services agency has mechanisms available to work with sister states and obtain DNA tests, obtain support orders, and enforce a sister-state support order. (Cal. Fam. Code § 17415 subd. (f)).
Child support is a right that belongs to the child, not to the parents. Once a support order is issued, support payments must be made by the ordered parent until the child turns eighteen years of age or otherwise becomes emancipated. ( Cal. Fam. Code § 3901). If a child has not completed high school by that age, the court may order the support to continue until the child has graduated or turns 19. A child may become emancipated by operation of law, either by marriage, joining the military or even by request of the child and subsequent court order. (Cal. Fam. Code § 7002).
Child Support Modification in California Child support orders are not set in stone forever. If there is a major change in circumstances, either parent may move the court to modify an existing child support modification. (Cal. Fam. Code § 3651). There are standard financial forms that the parties are required to complete, and each may have to provide additional documentation such as copies of pay stubs or income tax documents.
Modification requests can be made through the California Department of Child Support Services or directly with the court itself. If you are unsure on what documents are required, check with Child Support Services or the Legal Facilitator’s office at your local court house.
The Judicial Council of California also has additional information and a complete list of state-wide forms on their website at: www.CourtInfo.ca.gov
Remember that support for your children is a responsibility for both parents, and this is a right that belongs to the children. The courts takes the children’s rights very seriously, and they will be vigorous in establishing and enforcing those rights. For the sake of the children, both parents should cooperate to the best of their abilities to reduce animosity and acrimony during otherwise difficult times.
[The author is a licensed attorney. However, this information is not legal advice and is offered for informational purposes only. For legal advice seek a licensed attorney from your state’s bar association.]
