Child Support

Parents bear child support obligations regardless of whether or not they are married. If they are unmarried, then the support is determined under a parentage action, formerly known in California as a "paternity" action. If the parties are married, then the support is determined under the divorce action.

In California, child support is determined based upon many factors including the income of the parties, the timeshare with the children, tax deductions available to each party, the cost of healthcare and child care, and many other factors. All courts and attorneys now utilize various software programs to make the child support calculations. These programs allow the input of the relevant data and then make the calculations to determine what the support should be.

Each parent bears the duty to help in the support of the children. However, individual circumstances may require one parent to work only part time or not at all depending upon the needs of the children. Generally, this duty to support continues until the child graduates from high school or turns 19, whichever occurs first. However, there are other factors that may cut this support time short or even extend it beyond the child’s 19th birthday.

After the Court has ordered support at any time during any proceeding involving children, including both before and after the final Judgment terminating the marital status of the parties, if the factors setting the support (income/timeshare/etc.) materially change, the Court may change the support at any time. Moreover, a party may request once per year that the other parent produce a statement listing his/her income and expenses, and attach a copy of his/her last filed tax returns as well as his/her most recent pay check stubs or schedule of profit and loss. A motion must be filed with the court, known as an Order to Show Cause, to request modification of support. Child support, like custody and visitation, is an issue that remains open even after the judgment for divorce is entered.

If support is not paid, it can accrue significant legal interest, which in California currently is at 10% per annum. Even more significant civil penalties are only available to the private litigant. Penalties accrue to unpaid child support once due and proper notice has been given. Penalties include up to 6% of the delinquent payment for each month that it remains unpaid, up to a maximum of 72% of the original arrearage. Hence, penalties can be a significant charge against a delinquent payor. In addition, if the litigant selects to pursue public enforcement of a child support order using a local child support agency (known in Los Angeles as the Department of Child Support Services) the delinquent payor could suffer loss of his driver's license, passport, license to practice in certain businesses, tax refunds, and many other significant consequences.

Because support can be a landmine of legal issues, experienced legal representation is essential.