Child Support Laws in California

Child Support Laws in California
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According to California's Department of Child Support Services, child support is the ongoing monetary payments and expenditures that are necessary to cover a child's medical and living expenses. Whenever possible, both parents are legally obligated to support their child, but the court may order one or both parents to pay ongoing support payments.

Amount

California law specifies that the amount of child support payments be determined based on each parent's monthly income and on the amount of time each parent cares for the child. A Family law Judge or a Court Commissioner will review all income sources including money, property or services. Wages, bonuses, tips, commissions, self-employment income, unemployment benefits, rental income, interest, disability and worker's compensation income, dividends, social security income, pensions, lottery and prize winnings, and any other payment that is due the parents are considered as part of the child support calculation.

Once a child support order has been issued by California courts, the amount may change if either parent becomes responsible for supporting a new family. Changes in visitation or custody may also impact the amount of child support one or both parents pay.

Child support case files are not public information in California, but court files may be open to the public.

Health Insurance

By law, health insurance coverage is part of any child support order in the state of California.

Changes in Support

Changes to child support orders in California may be facilitated by the LCSA--Local Child Support Agency--or by going to court, depending on the circumstances. The LCSA has the power to modify the support order when there is a change in custody or visitation of the child. The LCSA cannot change the visitation or custody order; these issues must be addressed through the courts.

If the non-custodial parent moves out of California, the support order in California remains valid. There are two acts, or laws which prevent one state from altering another state's child support orders; the Full Faith and Credit for Child Support Orders and the Uniform Interstate Family Support.

Summons and Complaint

A non-custodial parent has 30 days to respond after receiving a Summons and Complaint regarding child support. If they do not respond, the court will base child support payments on the information offered by the LCSA and the custodial parent.

References

Article reviewed by Roman Tsivkin Last updated on: Aug 7, 2011

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