When two parents divorce or are never married, California’s child support laws are designed to provide the resources children and teenagers need to meet their basic needs. Whether you are establishing paternity or dissolving a marriage, the courts have an interest in seeing that children are supported during and after that process. By working with a California child support attorney, you can ensure that the process is fair, transparent, and focused on the needs of your child.
Understanding California Child Support Laws
Child support ensures both parents contribute to a child’s essential needs, including housing, food, medical care, and education. Payment amounts are determined through a statewide formula that considers income, custody share, and specific child-related costs. Orders can be modified if circumstances change, such as a job loss or shift in custody time.
California has a divorce rate of 5.88 per 1,000 adult women, and during Fiscal Year 2020–21, the state processed 114,238 filings for dissolutions, legal separations, and annulments. Many of those cases required the court to determine or enforce child support. According to the California Department of Child Support Services (DCSS), the program collected and distributed $1.2 billion in mid-year FY 2024, covering about 516,803 active cases statewide.
Two courthouses that commonly manage these cases in Orange County include the Lamoreaux Justice Center (341 The City Drive South, Orange, CA 92868) and the Central Justice Center (700 Civic Center Drive West, Santa Ana, CA 92701). Both handle child support filings, enforcement, and modification hearings.
Which Factors Are Considered When Setting Child Support?
Child support in California is determined using a statewide formula that considers both parents’ incomes and other factors, like the number of children and the amount of time each parent spends with them. Other factors may include the cost of health insurance, daycare costs, and educational expenses.
The courts prioritize the “best interests” of the child when setting child support orders. Parents can play an active role in the process by having attorneys present to advocate for their rights and interests. Once the courts review the evidence and arguments, a judge can issue an enforceable order outlining each parent’s responsibilities.
Enforcing and Modifying Child Support Orders
After a court establishes a child support order, both parents are legally required to comply with the terms of that agreement. When a parent fails to make payments, enforcement actions, such as wage garnishment or license suspension, may be used to collect overdue support.
Over time, either parent can request a modification if there is a significant change in either party’s income, employment, or custody arrangements. The court can review the new circumstances to determine whether the existing order should be adjusted to remain fair and accurate.
Why You Should Hire a Child Support Lawyer
If you are going through a child support case in California, your top priority should be to hire a child support lawyer. The outcome of your case could have financial implications for you and your child for years to come. When you work with a California child support attorney, you benefit from their years of experience managing child support cases.
They can ensure that your child support arrangement remains focused on the needs of your child. If you have concerns about being ordered to pay more than you can afford, a California child support attorney can use evidence to show the court what you can and cannot reasonably pay in child support.
FAQs
Q: What Are the New Laws for Child Support in California?
A: Starting September 1, 2024, Senate Bill 343 updates California’s child support formula to better reflect each parent’s financial situation. The law bases calculations on net disposable income instead of gross income, adjusts for lower-income parents, and divides add-on expenses, such as childcare or medical costs, according to income rather than a flat 50/50 split. The goal is to create fairer, more realistic support orders for families across the state.
Q: What Are a Father’s Rights in California for Child Support?
A: Fathers in California have the same legal rights and responsibilities as mothers once paternity is established. They can seek custody, visitation, and fair child-support terms based on both parents’ income and parenting time. Fathers also have the right to request a modification if financial circumstances or custody arrangements change, which ensures the support order remains accurate and reasonable.
Q: How Much Child Support Does a Father Have to Pay in California?
A: California uses a statewide guideline formula to determine child support, and support can be ordered for either the mother or father. The amount depends on each parent’s income, the number of children, and how much time each parent spends with them. There is no standard payment amount because the amounts vary. Under the 2024 updates, parents earning below the raised low-income threshold may qualify for reduced payments to prevent undue financial hardship.
Q: How Much Back Child Support Is a Felony in California?
A: California law does not set a specific dollar amount that makes unpaid child support a felony. However, willful nonpayment can lead to serious penalties under Penal Code § 270, including fines or jail time. Large arrears, often several thousand dollars, can result in criminal charges or federal enforcement, such as passport denial. Parents who cannot meet their payment obligations should request a modification to avoid serious consequences.
Contact a Respected California Child Support Lawyer Today
Understanding the implications for child support obligations during a family law case is critical for ensuring your child receives the sustainable support they need. Whether you are seeking to establish, modify, or enforce a support order, careful preparation can make a significant difference in the outcome of your child support case.
At Quinn & Dworakowski, LLP, our attorneys bring more than 100 years of combined experience handling complex child support matters across California. We can help you understand how state guidelines apply to your situation, prepare the necessary documentation, and represent your interests in court when needed. Contact our office today to schedule a consultation and learn how we can help you move forward with confidence.
