CHILD SUPPORT
Basic Concepts
The California child support guideline is mandatory. Typically, a judge will use a computer program to calculate the amount. The guideline amount is presumed to be correct and judges can change that amount only if they hear evidence and find that special circumstances exist.
Both parties are mutually and equally responsible for the support of their minor children. The guideline takes into account each parent's actual income and amount of time with the children.
Parties may agree to a child support amount less than the guideline as long as there is a correctly worded agreement to do so. However, if the amount agreed upon is below the guideline amount, it is not necessary to show a change of circumstances to get a modification of the support order up to the guideline levels.
For income tax purposes, child support is not deductible as an expense by the person paying nor is it included as income to the party receiving it.
Child Support Calculation
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Duration
A child is entitled to support until that child dies, marries, becomes self-supporting or reaches 18. But, so long as the child is in high school full-time and not self-supporting, support will continue to completion of 12th grade or age 19, whichever comes first.
If the parents agree in writing, support can be ordered to age 21 or through college or training.
Support for a disabled minor or adult child who is unable to work can be extended for as long as the disability lasts.
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Add-On Amounts
The guideline calls for additional amounts for special expenses to be shared equally unless a party requests and justifies to the court some other apportionment.
There are mandatory add-ons for job-related child-care expenses and for uninsured health care expenses.
There are also two discretionary add-ons: (1) educational or other special needs, (2) travel expenses for a visiting parent.
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Wage Assignment
California law requires that all child support orders include an order for a wage assignment.
A wage withholding or wage assignment may be issued by the Court and signed by a Judge.
It can then be served on the employer of the party ordered to pay support. After the employer receives the Notice of a Wage and Earnings Assignment, the employer is required to deduct a specific amount and send it to the Court Trustee or to the receiving parent. This applies to out of state employers also.
Parties may agree to stay service of a Wage and Earnings Assignment.
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Child Support Enforcement
A non-payer can be sued, brought in on contempt of court, have wages attached, have tax refunds intercepted, be required to post a security deposit, etc.
Business and professional licenses can be withheld from non-payers.
Nonpayment of child support can ruin the credit rating of one who is supposed to be paying child support. First, you have to report it to the Bureau of Family Support Operations, the BFSO (formerly known as the D.A.'s office). Help with enforcement is available from the BFSO, but you may wish to get your own attorney.
Good record keeping is extremely important for both parties in case of future claim or disagreement. Keep them safe and keep them until the obligation for support is long over.
Register your judgment in another state if the payer moves.
Don't put off collection too long.
If you are a payer, get periodic acknowledgments that your child support is paid and get a final acknowledgment and satisfaction of judgment when your child support obligation ends. This will protect you as a payer if years later, a claim is made for you to pay support and you no longer have your records of payment.
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