Seeking a divorce is not a decision a couple comes to lightly. There are many factors to consider: emotional, financial, logistic – and they all can be contentious and difficult to navigate.
But, one of the trickiest parts of divorce is determining how to raise a child. Who will raise the child? What does custody look like? Where will the child live and go to school? How much will it all cost? After all, raising a child is an expensive, long-term commitment.
At San Diego Family Law Attorney, we specialize in several areas of family law, including the effects of divorce on children, which often manifest in situations regarding child support, child custody, children’s rights, and more. In this article, we are breaking down child support in California. Child support refers to the specific monetary needs of a child, which are partly guided by law and always aim to keep the child’s best interest. We understand how state and local laws dictate – and confused – child support cases in the San Diego region.
This article is intended as informational in nature and should not be construed as legal advice. Consult with a family lawyer to receive legal counsel on your specific situation.
Understanding child support
At its core, child support is a topic that is easy to understand. Child support is understood as the amount of money a court determines and orders one or both parents to pay on a monthly basis. The purpose of the money is to support the child (or children) as well as contribute to the living expenses of the child. When a court orders child support, it may require both parents to share costs for things such as:
- Child care, which allows the parent to work or seek training or schooling
- Child’s healthcare expenses, within reason
- Travel costs for child visitations between parents
- Child’s educational needs
California’s laws establish that, in general, child support payments must be made until the child turns 18 years old, unless the child is 19 years old while still in full-time high school, living at home, and unable to support him/herself.
Importantly, child support is a separate part of family law from child custody. Though they may work in tandem in some situations, child support refers to the monetary responsibility of raising a child.
The State of California defines some common terms as follows:
- Custodial parent: the parent that maintains primary responsibility for the child’s care and control as well as the child’s legal custody if the child is part of a court procedure
- Noncustodial parent (NCP): the parent who does not maintain the child’s primary care, custody, or control
- Time-share: how much time a parent spends with a child
When does child support begin?
In a marriage or registered domestic partnership, parents assume an equal responsibility for ensuring the financial security of their child. In cases of divorce and separation, however, this equal responsibility takes on more merit, particularly once the court issues an order for child support, which makes this a legal obligation for both parents.
Court orders for child support typically follow one of two paths:
- A parent petitions the court for a child support order in particular situations.
- The local child support agency (LCSA) orders child support as part of a specific child’s case.
In the parent-led situation, either parent in a couple can seek a child support order from the court in any of the following scenarios:
- Divorce, legal separation, or an annulment
- This applies to parents in a marriage as well as parents in a registered domestic partnership (RDP)
- A court petition for establishing parental relationship
- This applies to unmarried parents who seek to legally establish paternity
- A restraining order for domestic violence
- This can apply to both married or unmarried parents
- A court petition for establishing custody and support of children
- This can apply to either:
- Parents who signed a voluntary paternity declaration
- Parents (married or in an RDP) who are not seeking a legal separation or divorce
- This can apply to either:
In the LCSA-led situation, the LCSA can file a case and request a child support order in these scenarios:
- If one parents receives public assistance, the LCSA will automatically seek child support from the non-custodial parent.
- If the child is in foster care, the LCSA can request child support from one or both parents.
- If one parent asks the LCSA for help providing child support.
- If one parents asks the LCSA for help enforcing child support during a divorce, parentage, or other family law situation.
The court will respond to the request for a child support order. Should the court issue such an order, it thus legally binds one or both parents to contribute to the child’s support until or unless changes are necessary.
When does child support end?
The standard, automatic end for court-ordered child support is when the child turns 18 years old, which assumes that the child has graduated from high school. A common exception depends on the age and graduation status of the child: if the still attends full-time high school while continuing to live with a parent, you must continue paying child support until the first of these events occurs:
- The child completes high school
- The child turns 19 years old
Less common situations that end child support include when the child:
- Joins the military
- Obtains legal emancipation
- Marries or enters into a registered domestic partnership
- Dies
Parents can continue supporting the child beyond these markers if both parents agree. Courts can also mandate child support if an adult child is disabled and cannot support him/herself.
How much child support do I owe each month?
The State of California uses a statewide guideline, or formula, that determines how much child support is owed based on your and the other parent’s situation.
The calculation for child support considers many factors, including:
- Amount of money parents earn and/or can earn, also accounting for:
- Health insurance costs
- Mandatory retirement contributions
- Mandatory dues to labor unions
- Additional income parents may receive
- Total children the parents have together
- Time that each parent spends with the child (time-share)
- Cost of shared day care and/or uninsured healthcare costs
Estimate the monthly amount you may owe using the California Guideline calculator for child support. Importantly, the guideline amount is presumed correct and accurate, and a judge can only order a different monthly amount in very specific, rare situations.
Calculating your child support monthly amount also requires determining your time-share, which is the amount of time each parent will spend with a child, often on a weekly or monthly basis. The court may determine this based on the time each parent maintains the child’s primary and physical responsibility – which often relies on a pre-determined child custody arrangement. (Parents can agree on their own to a child custody arrangement, or the courts may determine one if the parents are unable to reach a resolution.)
In general, the court order decreases the amount of child support owed as a parent’s time-share increases.
Are healthcare costs included in my child support payments?
Both federal and California state laws require that every child support order must include a specific order related to medical support. In reality, this often results in a court order that at least one parent provides health insurance to the child, as long as it is of a reasonable cost.
A medical court order typically assumes the following:
- Health insurance orders are an additional cost to the base amount of the child support order.
- Health insurance must include dental and vision coverage.
- The cost of the child added onto the healthcare policy is reasonable if it is 5 percent or less of the parent’s gross income.
- Routine medical care must be provided within 50 miles of the child’s main residence.
- Potential uninsured medical costs will be divided between the parents.
When a court is preparing to issue or change your child support order, share proof of your medical insurance costs, as this may entitle you to an income deduction.
Can I make changes to my child support payments?
In California, courts are able to make changes to child support orders, though it typically only occurs when a significant change has happened for one of the parents, such as:
- A change in income
- A change in the other parent’s income
- A change in the amount of time one or both parents get to spend with the child
In order to make a change, the parent must submit a formal petition to the court asking for a modification to the amount owed. (Courts do not know of changes without your informing them.) The court can decide to change it, though you may not know the final amount until the court issues a new order. Your county family law facilitator can help you estimate a change in child support before filing, so you can determine if the change is worth it.
Importantly, a change in the child support order is not retroactive – you will owe the current ordered amount until the court formally issues a child support order, regardless of whether your income decreased significantly, for instance.
What if I can’t pay the child support I owe?
If you fall behind on your child support, California law stipulates that you must pay interest on the balance due in addition to the amount owed. Neither the judge nor court action can reverse this.
Child support interest is calculated at 10 percent per year for all child support that was due after January 1, 1983. (It is 7 percent for child support due prior to that date.)
If you are in arrears on your child support, the court may get involved by issuing a liquidation amount. This is a court order or wage assignment (often known as garnishment) that stipulates an additional amount over your calculated monthly child support. Importantly, interest will continue accruing on your child support balance.
Besides financial consequences, not paying child support can result in legal consequences, too. For instance, if the court has reason to believe that a parent has the ability to make payments but is willfully choosing not to, the parent may be deemed ‘in contempt of court’, which is a civil crime that can actually result in jail time.
What can I do to collect owed child support?
Unfortunately, it is common for one parent to avoid paying child support. While there is no one-size-fits-all answer to address this issue, you can follow some specific best practices for attempting to collect on your child support order.
Consider speaking with your family law facilitator or directly with your local child support agency (LCSA). These resources will share your legal rights and also help you understand what is beyond your legal reach.
Consulting with them or a family law attorney can also help you determine whether to take action against the other parent, seeking to garnish various methods of payment such as tax refunds, wages, government benefits, and even real property. Of course, any parent who doesn’t fully comply with a court’s support order will continue to build interest on the unpaid amount.
As a last resort, the court may impose a jail term.
Resources for getting help with child support orders
Every county in California makes two resources available for free:
- A family law facilitator, whose role is to help you:
- Prepare documentation
- Understand court processes when it’s time to start, collect, or change child support as well as related court decisions
- Calculate the appropriate amount of money, based on your financial situation
- A local child support agency (LCSA), which helps you in collecting, making changes to, or getting help with child support.
California also has a guide to parents going through separation and divorce, particularly related to child support, with additional services and resources inside.
Navigating divorce, child custody, and child support is difficult and can be frustrating. Luckily, San Diego Family Law Attorney has helped countless clients throughout the San Diego region. Don’t know where to start with your divorce and child support case? Do you need guidance on a specific issue? we can help. Contact San Diego Family Law Attorney today at 619-610-7425 – our team is ready and willing to assist.
