Child Support FAQs

WHAT IS CHILD SUPPORT?
Child support is a payment by one parent (often the non-custodial parent) to the other parent for the support of their child. It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so that the combined incomes/wealth of both parents is available to use for the support of the child.

WHAT IS THE PURPOSE OF CHILD SUPPORT?
Child support is designed to cover the basic needs of a child, and even more, during their minority. A parent's first and principal obligation is to support his or her minor children according to the parent`s circumstances and station in life. Children should share in the same standard of living of both parents. If a child has a wealthy parent, his or her "needs" are something more than the bare necessities of life. Where the supporting parent enjoys a lifestyle that far exceeds the custodial parent`s living standard, child support must to some degree reflect that more wealthy lifestyle. As a side note, child support payments will also incidentally benefit others in the custodial household whom the payor parent has no obligation to support, i.e. the custodial parent. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children.

WHO CAN BE ORDERED TO PAY CHILD SUPPORT?
A court can order either parent of a child to pay support to other parent. When a child lives with a third party, both parents can be ordered to pay child support. Child support is usually payable on a monthly basis. Many states now require that child support be paid by wage assignment (automatic deductions from the paycheck) whenever available, thus reducing the need for subsequent enforcement actions.

WHICH PARENT IS THE OBLIGOR AND WHICH ONE IS THE OBLIGEE?
The obligor is the parent that is required to pay the child support to the other parent. The obligee is the parent who receives the payment from the other parent.

HOW IS THE AMOUNT OF CHILD SUPPORT DETERMINED?
Federal law now requires that the amount of a child support payment be set in accordance with a guideline formula. Having a child support guideline provides for more uniform orders. Child Support guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states, including California have established formulas that are used to determine the amount of the payment from one parent to the other.

WHAT INCOME ITEMS DO TYPICAL FORMULAS COVER?
The formula is based on the respective net incomes (after taxes) of the parents. Federal and state income taxes, Social Security and Medicare tax, health insurance, union dues and other mandatory expenses are subtracted from a parent`s gross income (that is, income from all sources including, but not limited to, wages and investments) to arrive at his/her net income

WHAT OTHER ITEMS DO FORMULAS CONSIDER?
Timeshare. Timeshare is the amount of time that the non-custodial parent is primarily responsible for the child. Besides the respective net incomes of the parents, the amount of time each parent spends with the child is factored into the formula. Since a parent who spends more time with the child is most likely incurring greater expense in raising the child, the custodial parent (a term that is often used in association with the parent who has the majority of the physical custody and responsibility) is considered to spend more money on the child than the non-custodial parent. Since the custodial parent spends more of his/her income on the child, the child support formula includes this factor in determining the amount of child support to be paid by one parent to the other.

Special Circumstances. In addition, special circumstances may require a greater amount of child support to be paid. Special circumstances, such as extraordinary medical expenses, special educational needs, travel expenses incurred for child visitation, uninsured catastrophic losses and the cost of basic living expenses for children from another relationship, can affect the amount of guideline child support that is to be paid.

Since there are a number of factors that go into the formula to determine guideline child support, some states have approved computer programs designed specifically for determining the amount of child support. Use of a computer program to determine the amount of child support is a very objective method for determining child support. Proper analysis of all the factors can have dramatic effect upon the determination of the guideline child support amount.

HOW LONG MUST CHILD SUPPORT BE PAID?
The duration of this responsibility depends upon state law. All states require both parents to be financially responsible for their child during the child`s minority, generally through the child`s high school years. Child support may be extended beyond age 18 if the child is a full time high school student, until the child graduates, but not past age 19 in most cases. There is an exception for a disabled child who is unable to support him/herself whereby child support may continue for as long as the disability exists. Child support can be terminated in the event of the death of the child, if the child goes on active duty in the armed forces, if the child marries, or if the child becomes emancipated or self-supporting.

CAN A CHILD SUPPORT ORDER BE CHANGED OR MODIFIED?
A child support order can be changed or modified any time so long as there is a material change in circumstances from the time that the existing child support was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent`s financial situation - such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child - such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing.

WHAT ADDITIONAL ITEMS MAY THE COURT ORDER PAID AS CHILD SUPPORT?
In addition to the amount determined by the child support guideline formula, the court can order the person paying child support to pay a portion (usually 50%) of reasonable child care costs relater to the other parent working or reasonably necessary to pursuing education or training for employment skills. The court can also order one or both parents to keep the minor children covered under any health and/or dental insurance available at reasonable cost through their respective places of employment or union affiliation and for each parent to pay a portion (usually 50%) of all un-reimbursed health care costs not covered by insurance.

The court may also order either parent to pay a portion of any costs related to education or other special needs of the children, and or travel expenses for visitation.

AFTER A CHILD HAS REACHED ADULTHOOD, IS THE PARENT WHO RAISED THEM ABLE TO OBTAIN THE BACK CHILD SUPPORT?
Yes, in most cases. In California, the parent who was to receive child support may collect support owed even after the children are adults. The parent who was supposed to pay child support cannot claim that the child support is too old to be collected, or that the other parent should have tried to collect sooner, except to the extent collection is barred by the statute of limitations.

WHAT IS THE ROLE OF THE CHILD SUPPORT SERVICES DEPARTMENT?

Each county in California is required to establish and maintain a department dedicated to enforcing child support against obligor parents. The Child Support Services Department (CSSD) becomes involved in all welfare cases and in cases where a parent seeks enforcement services. These cases are known as Title IV-D cases, named after the special court system developed and mandated to hear these types of cases. The County of Los Angeles has a very prominent child support services department. They have at their disposal vast financial and legal resources with which collect child support. The County of Los Angeles Child Support Services Department can intercept tax refunds, suspend driver and professional licenses and garnish wages. In conjunction with the Los Angeles County District Attorney, criminal charges can be filed against an obligor parent.