Rizio and Nelson California Law Blog

Child support can be obtained in the case of divorce, legal separation, or annulment. Also, it can be ordered when parentage is established or when a restraining order is requested, due to domestic violence. The courts expect parents to uphold their obligation of providing their child with necessities such as living expenses – food, clothing, shelter – and medical care expenses. The parent that the child does not live with makes payments to the parent who has physical custody of the child. Under most circumstances, the child lives with the mother and the father provides child support.

California has a formula for determining a monetary amount. It is based on how much income each parent receives and how much they earn or can earn. It is also based on how much time the child spends with each parent, as well as how many children each parent has, especially if they have children from another relationship. Many other factors are included – expenses like health care, retirement contributions, daycare and union dues. Also, traveling expenses and education costs are big factors.

If you file your case within 3 months of the date that you ask for child support, then the support payments start from that date. Depending on the situation, the judge can choose another date, such as the date of the hearing, the date of the summons, or another date. Child support payments continue until the child turns 18, or has graduated high school. If the child turns 19 before he or she graduates and is still living at home, payments must continue until graduation. Other conditions for the end of child support include death, emancipation, or if the child marries or registers a domestic partnership. However, parents may agree to continue child support until he or she can support himself or herself on his or her own. In the case of a disabled adult child who is incapable of supporting himself or herself, payments continue.

If either of the parents’ situation changes for any of the factors that are used to calculate child support, either parent can file a petition with the court to have the amount of child support changed. The judge will recalculate the formula and decide on the change. The judge will also help parents collect child support if a parent is not making payments. If one parent is in jail, they are still expected to uphold their obligation to their child, but since they are not earning any income, their child support debt grows and earns interest that the parent must pay when he or she is released.

Remember that every case is unique and it is very important to get legal advice from a trusted attorney for your situation. Especially if you’re going through a change in circumstances and you’d like the amount of child support adjusted, it is vital that you get good advice to make sure the change is worthwhile. The experienced family lawyers at Rizio and Nelson can guide you through this process.