California Child Support Laws

Serving Los Angeles, Beverly Hills, Santa Monica, and Malibu for over 42 years.

1) How is child support determined in California?

In 1984 the California Legislature enacted the Agnos Minimum Child Support Standards Act. This law established minimum levels of child support and required the courts to establish guidelines for awards of child support above the statutory minimums.

This is known as the Child Support ("guideline"), which was recently amended on July 1, 1992.To calculate the minimum amount of child support to be paid by a parent, the law directs the judge to first add up the total net monthly incomes of both parents.

Then, the judge has to compute the percentage of that income that is being earned by the non- custodial parent. That percentage is multiplied by the applicable level of welfare payments for the number of children in the household.

The result of this calculation is the minimum child support. It should be understood that in the vast majority of cases, the court orders child support above the minimum level, as determined by local support guidelines.

The vast majority of child support is paid under the Child Support Guideline. The guideline is based on a complicated mathematical formula. In fact, computer programs must be used to calculate child support under the guideline.

2) How long is child support supposed to be paid?

Child support must be paid until the child becomes 18, unless the child has not graduated from high school. If the child has not graduated highschool the child support continues until the child has graduated high school or becomes 19, whichever occurs first.

Presently, the law does not give judges the power to make a parent support a child beyond the age of 19, unless the child is physically or mentally disabled.

However, the parents can agree that child support is to continue into the college years, and such an agreement will be enforced by the Family Law Court.

3) How is child support supposed to be paid?

Unless the custodial parent agrees otherwise, all child support is to be paid by a wage assignment. This means that the child support payments are to be deducted from the wages of the parent who is obligated to pay child support.

4) How is child support calculated?

California has a statewide formula (called a guideline) for figuring out how much child support should be paid.If parents can't agree on child support, the judge will decide the child support amount based on the guideline calculation.

Child support guideline calculation depends on:

• How much money the parents earn or can earn.
• How much other income each parent receives.
• How many children these parents have together.
• How much time each parent spends with their children.
• The actual tax filing status of each parent.
• Support of children from other relationships.
• Health insurance expenses.
• Mandatory union dues.
• Mandatory retirement contributions.
• The cost of sharing daycare and uninsured health-care costs.
• Other factors.

Child support can also include the cost of special needs such as:

• Traveling for visitation from one parent to another.
• Educational expenses.
• Other special needs.

5) Can I get child support for the time before the child support order?

If you do not receive public assistance, you may get child support from the day that you filed your case asking for child support. To get support from this date, you must serve the other parent within three months after you file your case.

The judge may also award child support starting from the date of the hearing, the date the other parent was served, or another date depending on the facts in the case.