Financial Support for Children

Father and daughter laughing while studying together.

Defining Child Support

When we explain child support to clients, we define it under the Family Code as an obligation owed to a child, or to a county as reimbursement for public assistance paid on the child's behalf, along with any past-due support or arrearages. Both parents carry a duty to support their children under California's statewide uniform child support guideline, and courts are required to make sure that duty is met based on both parents' circumstances and standard of living. We remind clients that this obligation applies equally whether or not the parents were ever married.

Boundaries of the Support Obligation

A few boundaries we always clarify:

  • The duty of support does not extend to stepchildren, except in cases involving parentage by estoppel.
  • It does not extend to grandchildren, though an exception exists for visitation-related expenses when the court has ordered visitation.
  • Child support cannot be waived, and we advise clients that trying to indirectly limit it violates public policy.

The Duration of Support Obligations

In most cases we handle, child support ends when the child turns 18. If the child is still in high school at that point, we explain that support continues until they graduate or turn 19, whichever comes first, unless the parents agree otherwise or the case involves a needy, incapacitated adult child.

A few additional points we raise with clients:

  • Arrearages can still be enforced even after the child reaches adulthood.
  • Courts can approve an agreement to extend support beyond the age of majority.
  • For a child who is incapacitated and unable to support themselves, we can pursue continued support past 18.

Bringing a Stand-Alone Support Action

We've filed enforcement actions on behalf of parents or children through a guardian ad litem when the other parent fails to pay support. More often, though, we handle support as part of a larger case, such as a divorce, legal separation, annulment, parentage action, or domestic violence proceeding.

Calculating Support Under the Guideline

We always calculate support using California's statewide uniform guideline, since deviating from it without proper justification is reversible error. We apply this guideline whether we're seeking a temporary order, a permanent order, or a modification, and if we do argue for a deviation, we make sure written or on-the-record findings support it.

The Guideline Formula

We focus on two central factors when running the numbers: each parent's disposable income and the percentage of time the paying parent spends with the child.

The formula relies on each parent's net monthly disposable income, and courts have considerable discretion in determining what counts as gross and net income, which is where we put a lot of our advocacy to work. We make sure the calculation reflects current income at the time of the hearing, which matters most when a client's income fluctuates.

Taxable vs. Nontaxable Income Approaches

Some courts limit income to taxable items drawn from the tax code, while others include nontaxable income as well, so we tailor our argument to the court we’re in.

Certain income is excluded by law, and we make sure the court doesn't count:

  • Child support payments received.
  • Public assistance income.
  • Child support received for children from a different relationship.
  • Supplemental Security Income (SSI) benefits.

We also pursue permissible deductions on our clients' behalf, including:

  • Employee FICA contributions.
  • Union dues.
  • Retirement contributions required as a condition of employment.
  • Health insurance premiums.
  • Certain other support payments.
  • Job-related expenses.
  • Hardship deductions under Family Code Sections 4070–4073.

We remind clients that their general living expenses aren't factored into the guideline, since preserving either parent's standard of living isn't part of the calculation. Tax filing status is considered, though if a parent isn't paying taxes they owe, we can't deduct that liability from their gross income.

Imputing Income to a Parent Who Isn't Working

When a parent isn't earning income, we can ask the court to impute income based on that parent's earning capacity. We pursue this when the parent:

  • Has the ability to work.
  • Has the opportunity to work.
  • Isn't making a genuine effort to work despite that ability and opportunity.

We always keep the child's best interest at the center of this argument, since that limitation governs any request to impute income.

Calculating Timeshare

We calculate timeshare based on each parent's period of responsibility for the child, not strictly on physical custody. This can include time the child spends in daycare, though we explain to clients that a noncustodial parent generally isn't credited for that daycare time in the guideline calculation. For school-age children, we can seek credit for the time a parent is responsible for the child during school hours, but we have to prove that with admissible evidence, since the burden falls on the parent asking for that credit.

Agreements That Differ From Guideline Support

We can help parents agree to support below the guideline amount, though we explain that such agreements remain modifiable without any need to show changed circumstances. If parents agree to support above the guideline, we let them know that lowering it later requires demonstrating a genuine change in circumstances. What we can never do is help a parent waive child support entirely, since that violates public policy. We can, however, help set support at zero when it serves the child's best interest, or include language preserving the court's jurisdiction over the issue for later.

Wage Garnishment

Once we secure a child support order, the court is required to issue an earnings assignment order as well, unless both parties agree to waive or delay it.

Modifying an Existing Order

We can file for a modification whenever there's been a genuine change in circumstances, unless the existing order was stipulated below the guideline. If our client loses a job or takes a pay cut, we move quickly to file, since courts can't apply modifications retroactively. We also handle modification requests when the other parent's income has increased, and we can help parties reach a modification by stipulation as well.

Arrears Do Not Expire

We make sure clients understand that child support arrears never expire and remain collectible until paid in full, with no statute of limitations on enforcement. When arrears are owed to the government because a child received public assistance, we can help explore programs designed to reduce that outstanding balance.

Consequences of Failing to Pay

We warn clients who fall behind on support that the consequences can be severe, including:

  • Wage garnishment by the government.
  • Misdemeanor charges for willful nonpayment.
  • Driver's license revocation.
  • Increased payments imposed as a penalty for past nonpayment.

Beyond these, we also flag additional risks:

  • Suspension of a professional license.
  • Denial of a passport.
  • Negative credit bureau reporting.
  • A government lien against property the obligor owns, in whole or in part.

Securing Payments Through Bond or Other Guarantees

In certain cases, we can help the state require an obligor to post a bond, security, or other guarantee to secure overdue support. We make sure our clients receive proper advance notice of any delinquency and understand their rights and options for contesting the action, in line with due process requirements. States maintain public guidelines for determining when this procedure applies.

Defending Against an Arrears Action

The defense we raise most often in these cases involves concealment of the child by the custodial parent. These cases tend to be highly fact-specific, which is why we encourage anyone facing an arrears action to seek experienced representation early.

We often direct clients to childsupport.ca.gov for additional resources.