In California, child support is a court-determined, periodic payment that is typically ordered when two parents are no longer living together or as a result of a divorce proceeding. Child support is intended to help provide for the costs of raising a child.
Although child support laws differ in each state, all child support laws will typically determine the amount of the child support based on the amount of time the child lives with each parent, the child’s best interest standard, and each parent’s income and financial obligations. This is true for the state of California when determining whether child support should be ordered and when calculating child support.
It is important to note that in California, the parent with physical custody of the child or children cannot refuse to accept the child support payments that the court has ordered the other parent to pay to them in order to provide for the needs of the child.
Additionally, parents cannot agree to waive child support in California. This means that even if both parents consent to drop child support, the child’s best interest standard takes precedence over the parent’s wishes, as the California Family Codes and case law explicitly prohibit such agreements. However, child support may not be ordered in cases where parents agree to split custody of their child or children.
When Is Child Support Ordered?
Once again, child support in California is commonly ordered during the divorce process or when a child’s parents separate. In general, the parent who does not have primary physical custody of the child or who lives with the child less than half of the time is typically the parent who is ordered to make child support payments as outlined in a child support order.
Mandatory child support is one means by which a family law court can ensure that a non-custodial parent is contributing to the needs of their biological or adopted children via court order. The word mandatory means that the child support is required by law, and any parent who is required to make payments cannot escape their obligation.
How Is a Child Support Award Enforced?
A parent is obligated to pay child support as a result of a child support order. As such, in cases in which the non-custodial parent misses payments, either intentionally or unintentionally, regardless of unforeseen circumstances, a child support enforcement order may be sought by the custodial parent or the California Department of Child Support Services.
First, all child support payments are reported in some way to the Department of Child Support Services for the state. As such, courts will keep track of the amount of any missed child support payments and may be called to order the party that fails to make payments to pay any arrears that they accumulate. This is known as an enforcement action.
One of the jobs of the California Department of Child Support Services is to identify, locate, and contact persons with outstanding child support payments. Child support enforcement agencies then may use a variety of different methods to attempt to collect child support on behalf of the custodial parent. Child support enforcement agencies also may collect retroactive child support if ordered by the court.
If the California Department of Child Support Services can work out a repayment plan with the parent who owes back child support, they will typically do so. However, if the parent cannot make payments or agree to a plan to catch up on their child support arrears, further court action may be necessary.
How Can I Avoid a Child Support Increase?
In the state of California, child support modification can be requested by either parent in order to adjust the current court-ordered child support amount. However, in order for either party to make a modification request, there must have been a change in circumstances since the last order.
Common examples of a change in circumstances include:
- Change in Income: If the parent who is obligated to pay support has had an income change due to a new job, reduced working hours, or other reasons
- In general, if the support order would change by 20% or $50, whichever is less, then a modification may be requested;
- Custody or Visitation Changes: If there have been significant changes in the terms of child visitation or custody
- For instance, if primary custody has changed or the parent obligated to make support payments has gained greater custody, the support order may reflect their additional time with the child;
- Family Size Changes: If the size of the family has changed for the party obligated to make support;
- Medical Emergencies or Unexpected Needs: If the child that is the subject of the support order or either parent faces an unexpected change in needs, such as medical emergencies; and/or
- Deployment or Incarceration: Deployment in the military or incarceration of the parent obligated to make support.
As can be seen, there are numerous reasons in which a child support order may be increased. However, one party will have to request to modify the support order and prove their case in court.
How Can I Stop Paying Child Support?
Once again, parents in California cannot agree to waive child support, even by agreement. As such, in order to stop paying child support, a parent must show that there has been a significant and material change in circumstances since the child support order was ordered.
For instance, if the parent who was obligated to make support payments now has primary custody of the child, they can petition the court to terminate child support. Additionally, they can also petition the court to order the other parent to pay them support based on the child support guidelines. There are many other reasons to close a child support case that a local attorney in California can assist with.
Do Child Support Payments End Automatically?
In the state of California, there are certain triggering events that will result in child support payments ending automatically. For instance, child support orders in California generally continue until the child that is the subject of the order reaches the age of 18 or 19 if they are still in high school full-time.
Additional situations where child support may also end earlier include:
- Emancipation: If the child becomes emancipated before turning 18, such as by becoming married, joining the military, or becoming self-supporting;
- Court Order: A court can issue an order to stop child support upon the filing of a motion to terminate support based on specific circumstances;
- Death: If the child or the parent obligated to pay support passes away, the child support obligations cease.
How to Get Child Support Arrears Dismissed
In order to get child support arrears dismissed, a motion to dismiss child support arrears is necessary by the party that has arrears. Additionally, the state of California also has a Child Support Debt Reduction Program that provides eligible parents with past-due child support payments the opportunity to reduce the amount they owe to the government.
If a parent qualifies, the program can offer a compromise repayment that is an amount less than the full owed sum of child support arrears. In general, the reduction is based on the income and assets of the party seeking the debt reduction. The arrears can then be ordered to be paid off in a lump sum or through a repayment plan.
Do I Need a Lawyer for Help with Terminating Child Support?
If you are having any issues related to obtaining, modifying, enforcing, or terminating child support, then it is in your best interests to consult an experienced California child support lawyer. An experienced California divorce attorney can help you determine whether or not you are eligible to terminate child support based on the specifics of your situation.
Additionally, an attorney can help you determine if you are eligible to have child support arrears reduced under the state program or if you are eligible for a child support order modification. If you are eligible in any way, an attorney can assist you in filing the necessary paperwork to obtain your desired outcome. Finally, an attorney can also represent you in court, as needed.
