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Child Support Orders

Reference

Key Terms

Guideline Child Support — Statewide Guideline Child Support Formula: Family Code section 4050/4055. Section 4050 outlines that California must comply with federal regulations for uniform support obligations, and section 4055 provides the specific formula the state uses to calculate guideline support.

Non-Guideline Child Support — Departures from Guideline CS Formula: Family Code section 4052. This section addresses that the court may issue support orders that depart from the guideline amount only in the special circumstances set forth in Article 2 of the Family Code.

An agency that exists in every state to find parents that don't have custody (called "noncustodial parents," or "NCPs") or to find the person assumed to be the parent of a child (called a "putative parent"). A CSE Agency makes, enforces, and changes child support, as well as collects and gives out child support money.

Child support that is overdue or unpaid. A parent that has arrearages is "in arrears."

The total amount of child support payments that you owe or that are late.

A court order delivered ("served") by a levying officer or registered process server that directs a judgment debtor's employer to withhold the earnings of the judgment debtor for the purpose of wage garnishment.

The obligee is the person owed support. The obligor is the person who must pay.

An order or judgment that provides for medical support for a child of a parent covered by a group health plan or provides for health benefit coverage for the child.

Video

Child Support

Child Support

This video provides a basic explanation of the key aspects related to child support within the framework of Domestic Violence Restraining Orders (DVROs). It covers how child support orders are determined, the legal standards for establishing these orders, and the responsibilities of both petitioners and respondents. While the video addresses the essentials, note that orders issued temporarily during DVRO proceedings are subject to review and potential modification at the final hearing on the request for a permanent restraining order.

Statutes

Key California Child Support Statutes

Family Code § 3901: The duty to support a child ends when the child completes the 12th grade or attains 19 years of age, whichever occurs first, unless there is a court order for a longer period of support. Family Code § 3651 addresses circumstances when support orders may be modified or terminated.

Family Code § 4009: Family courts can make child support orders retroactive to the date of filing. Family Code § 3600 defines temporary child support orders that may be issued during the pendency of a proceeding.

Family Code § 3900: Both parents of a minor child have an equal responsibility to support their child in the manner suitable to the child's circumstances. Family Code § 3910 extends this duty to incapacitated adult children.

Family Code § 4057.5: New-mate income (income of a parent's new spouse or partner) shall not be considered as a basis for increasing or decreasing a child support order. However, this income may be considered if excluding it would create extreme hardship to the child.

Family Code § 4058: Defines the annual gross income of each parent for purposes of calculating child support, including income from wages, salaries, commissions, bonuses, self-employment, rental income, and other sources. Family Code § 4059 defines annual net disposable income after allowable deductions.

Court Forms

FREE California Judicial Council Forms

FormName
FL-150Income and Expense Declaration
FL-191Child Support Case Registry Form
FL-192Notice of Rights and Responsibility
FL-196Income Withholding for Support
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