The idea behind child support is that a child has an inherent right to support from parents. To meet this goal, California courts can award support to either parent, or the parents can agree to a support arrangement. Under a California law called the Agnos Minimum Child Support Standards Act, the court may order a minimum amount of support based on the needs of the child and the means of the parents.
Criteria
If the court orders that one parent must pay child support to the other, a set amount of support will be included in the order. The court takes various factors into consideration when making this determination, the most important being the net monthly income of each parent. Under the California Child Support Standards Act, there are multiple deductions from this amount such as premiums for health care insurance, taxes and mandatory deductions for retirement benefits. The judge then turns to the California Child Support Guidelines to determine the actual amount. The court may add on an additional amount to the child support payment for things such as education, health care insurance and costs related to employment.
Duration
Under California law, a parent paying child support no longer has to do so once the child reaches 19 years of age or graduates from high school. The law contains one exception to this rule: If the child, or young adult, is physically or mentally handicapped, the court may order payments beyond high school graduation and beyond the age of 19. The purpose behind this exception is the same as child support in general. A physically or mentally handicapped person is deemed to have a right to support from parents.
Support Agreements
The parents may come to an agreement as to the amount and duration of child support. The amount may even be below the minimum set by California law and used by the court when ordering payments. In order for the agreement to be enforceable, it must meet certain conditions. It must be in writing that both parents fully understand their rights to child support under California law. Also, the agreement must include a provision stating that the agreement was not a product of coercion or duress. Lastly, the agreement must assert that the child's well-being will not suffer and that the child is not to be cared for by the state.
