Child support in California is calculated using a structured legal formula that considers income, parenting time, and essential expenses. But small mistakes or misunderstandings can lead to serious financial consequences. Whether you’re paying or receiving support, knowing how it’s calculated, modified, and enforced is key to protecting your rights.
Need help with your child support situation? Contact Mohajer Law Firm today for clear, experienced guidance.
Transcript:
Hi, I’m Sina Mohajer from Mohajer Law Firm. We specialize in Family Law, Estate Planning, Criminal Defense, and Personal Injury.
You probably notice that we’re currently indoors and not strolling in the beautiful park. Well, regardless of rain or shine, I want to take these opportunities to provide you with information that could potentially help you in your case. Although we’re not walking in the park, the information you receive is meant to be simplified as if it is a walk in the park.
So if you like the contents of this video, please hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, I welcome you to our series called A Walk in the Park.
Child Support in California
In this video, I want to address what I think every parent needs to know when it comes to child support in California. Specifically, what is child support and who pays it, how is child support calculated in California, can child support be modified, and lastly, what happens if child support is not paid.
So before we can dive into child support and all its moving parts, we need to understand what it is and who would be obligated to pay it.
What Is Child Support?
Now, under California law, child support is a court-ordered financial contribution from one parent to help cover the costs of raising a child. This includes basic necessities like housing, food, clothing, health care, education, and other things.
Typically, the non-custodial parent pays support to the custodial parent. However, support can also be ordered in joint custody situations as well, depending on income and parenting time.
But note under the law, it is both parents’ legal obligation to support their child or children, so it isn’t meant to be taken as a form of punishment, it’s just a legal obligation.
How Do You Calculate Child Support in California?
So how do we calculate child support? Well, California uses a statewide guideline formula based on each parent’s income, how much time each parent spends with the child, as well as some tax deductions, health insurance costs, daycare expenses, and some other financial obligations.
Now, the formula is standardized, but deviations may occur in unique cases involving high income earners, special needs, or agreed-upon arrangements.
Because it is a standardized formula, accurate income reporting is critical. Misstating earnings or hiding assets can result in enforcement actions, back payments, or even sanctions.
Can a Child Support Order Be Modified?
So what happens after a child support order is made? Can it be modified? Yes, child support orders are always modifiable as long as there’s a change in circumstances. This includes job loss or gain, changes in parenting time, medical issues, or even incarceration.
How Do You Modify a Child Support Order?
But to request a change, a parent must file a request for order, or what we call an RFO for short, with the court. The change will only apply from the date of filing, not from the date of the change in circumstances, so it’s very important to note this factor.
So a legal tip is don’t rely on verbal agreements. Even if both parents agree to a new amount, it must be approved by the court to be enforceable. So you don’t necessarily have to file a request for order in that situation, but you must reduce the agreement to writing and have the court approve it as its order. We call this a stipulation and order.
What Happens If Child Support Is Not Paid?
Now, what happens if child support is not paid? Well, failure to pay child support can lead to serious consequences, including wage garnishments where they automatically deduct those payments from your paycheck every month, driver’s license suspension, you won’t get that back until you’re current on your arrears, tax refund interception where they can literally intercept any tax refund before it makes it to your account, seizure of bank accounts, or even possibly contempt of court, which could include jail time.
So unpaid support becomes what we call arrears, and it accrues 10% interest annually in California, making it super critical to stay current or seek modification quickly. You don’t want to find yourself in a deep hole you can’t climb out of.
So whether you’re paying or receiving support, keep clear records of payments and communications. This helps protect you in the event of a legal dispute.
Summary: Child Support Payments in California
So in summary, child support in California is a legal obligation designed to protect the well-being of the children. Whether you’re the paying or receiving parent, it’s essential to understand how support is calculated, enforced, and modified, and missteps such as failing to report income changes or skipping payments can result in long-term legal and financial consequences.
Contact Us About Your Child Support Case
So if you have any questions regarding your case and would like to speak to a seasoned family law attorney, I welcome you to contact our office and schedule a consultation. I’d be more than happy to sit down with you one-on-one and discuss your options.
And as I’ve stated in the beginning, if you like the contents of this video and you found them to be helpful, hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted.