Child support helps pay for a child's basic needs, like housing, food and clothing. Whether you will pay support or receive it, you deserve an order that reflects the real facts. Here is how child support works in California.
California's statewide guideline
California uses a statewide formula, called the "guideline," to set child support. Courts must use it in almost every case. The formula is written into state law, and it is the same in Whittier as anywhere else in California.
The formula is complex, so courts and lawyers use approved computer programs to run it. The result depends on the facts you put in. If the income or parenting-time numbers are wrong, the support amount will be wrong too. That is why careful review of the inputs matters.
A court can depart from the guideline only in limited situations, and parents who agree to a different amount must meet certain requirements.
What affects the amount of child support
The main factors are:
- Each parent's income. This includes wages, self-employment income, commissions, bonuses and many other sources.
- Parenting time. The percentage of time the child spends with each parent, often called the "timeshare."
- Certain deductions. Such as taxes, mandatory retirement contributions, health insurance premiums and some other expenses.
- Add-on costs. The court must add certain costs, such as child care needed for work and reasonable uninsured health care costs, and may add others, such as some educational expenses.
In some cases, the court can base support on what a parent is able to earn, rather than what they actually earn. This is called "imputing" income.
Changing a child support order
Life changes. A parent may lose a job, earn more, or the parenting schedule may shift. Either parent can ask the court to modify (change) child support when circumstances have changed.
Timing matters. In general, a change can only go back to the date you file your request, not to the date your situation changed. If your income drops, do not wait to act.
Past-due support usually cannot be forgiven by the court once it is owed. Informal side deals between parents may not protect you either.
Enforcing child support
When a parent does not pay, there are tools to collect. These may include:
- an earnings assignment that takes support directly from a paycheck;
- interception of tax refunds;
- liens on property;
- suspension of driver's or professional licenses;
- passport restrictions.
Unpaid support may also build up interest.
If you are the parent who owes support and are behind, act early. The court may be able to change future payments, and a plan may help you avoid further trouble.
The LA County Child Support Services Department
The Los Angeles County Child Support Services Department (CSSD) is the local government agency that helps establish and enforce child support. It can help locate a parent, establish parentage, set up an order and collect payments. Its services are generally available to any parent, and families receiving certain public benefits may have their case opened automatically.
CSSD does not represent either parent. Its job is to handle the support case, not to give you personal legal advice or deal with custody. Many parents with a CSSD case still choose to hire their own lawyer, especially when custody, parenting time or income questions are involved.
Related issues
Child support is closely tied to parenting time, so you may also want to read about child custody. If parentage has not been established, see our paternity page. For support between spouses, see spousal support, or read our family law FAQs and family law overview.
Talk with a Whittier child support lawyer
Steven Ibarra personally handles every case and will review your income and timeshare numbers with you. We offer same-day appointments in person or by video and are available 24/7. Call (562) 612-7806 or contact us to schedule a consultation. Hablamos español.