California Child Support
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California child support laws have been passed as a
direct result of Federal law intended to compel all states to implement
support guidelines at certain support levels. California must maintain
support laws in conformance with the Federal laws or lose the right to
Federal funding. The Federal mandates were promulgated as a result of
research undertaken to determine the amount of support provided to
children in intact families. The intent of the Federal mandates, and
state support laws, is to maintain the same level of support for
children in families that are not intact. In addition to support
guidelines, the Federal mandates include mandatory provisions pertaining
to support enforcement and support collection.
In 1985 the California Legislature enacted the Agnos
Minimum Child Support Standards Act in order to comply with Federal Law.
This Act established minimum levels of California 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, effective July 1, 1992.
In calculating California child support under the
Agnos Minimum Child Support Act, the Court will first determine the
minimum amount of child support to be paid. In calculating the minimum
amount of child support, the Court will first calculate the total net
monthly incomes of both parents. The Court will then calculate the
percentage of that income that is being earned by the non- custodial
parent. That percentage of income is then multiplied by the applicable
level of welfare payments for the number of children being supported.
The result of this calculation is the minimum child support that is due
by the non-custodial parent.
In the vast majority of cases, the Court orders child
support above the minimum levels as determined by local support
guidelines. In calculating California child support under the support
guidelines, the Court must apply a complex mathematical formula.
Computer programs are used to calculate this amount of support. In
determining the correct amount of support, the Court will also consider
the following factors: the parties net disposable income, each parties’
respective custodial time with the children, whether any other children
are being supported, child care expenses incurred in order to enable a
parent to work or go to school, health care expenses and whether there
are extraordinary expenses associated with the children. Travel expenses
and costs relating to education and other special needs may be
considered by a court. There are exceptions to the formula for
low-income parents.
"Income" for purposes of calculating California child
support will include income from whatever source is derived, excluding
child support or public assistance. Examples of "income" that the Court
will consider are commissions, salaries, royalties, wages, bonuses,
rents, dividends, pensions, interest, trust income, annuities, workers'
compensation benefits, unemployment insurance benefits, disability
insurance benefits, social security benefits, and spousal support
actually received from a person not a party to the proceeding to
establish a child support order. The court may also consider employee
benefits or self-employment benefits, taking into consideration the
benefit to the employee, any corresponding reduction in living expenses
and other relevant facts. If the Court determines that a party is
intentionally unemployed or underemployed, it may consider the earning
capacity of the parent in lieu of their actual earnings.
The appropriate amount of California child
support as determined by the Court will govern unless the parties' reach
a reasonable agreement to the contrary. The agreement must state that
the parents are fully informed of their rights regarding child support
under California law and that the child support amount is being agreed
to without coercion or duress. Both parents must declare that their
child's needs will be adequately met and that the agreement is in the
best interest of the child involved. The agreement must also state that
the right to child support has not been assigned to the county and that
no public assistance is pending. California child support may
also include the requirement for a parent to provide the child with
medical insurance coverage, if coverage is available to the parent at a
reasonable cost.
California child support must be paid by wage
deduction order, unless the custodial parent agrees otherwise. The wage
deduction order will be served on the support payor’s employer and the
support payments will be deducted directly from that parent’s income.
Once a California child support order has been
issued, it is subject to modification at any point in the future until
such time as the child is legally emancipated. To obtain a modification,
either parent can file a request with the Court. Before modifying the
Support Order, the Court will have to determine that there has been a
substantial and material change in circumstances since the time the
prior Order was issued. Examples of such a change in circumstances could
include the increased needs of the children, a substantial increase or
decrease in a party’s income or a change of residential custody.
California child support is paid until the child
reaches the age of 18, unless the child has not yet graduated from high
school, in which event child support will continue until the child
graduates from high school or becomes 19 years of age, whichever occurs
first. If a child is physically or mentally disabled, California child
support law authorize the Court to extend child support payments beyond
a child’s 19th birthday.
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