Child support is a monthly payment that parents make to help cover the costs of raising a child. Generally, the parent who cares for a child most of the time (called the custodial parent) tends to receive child support payments.
How Is Child Support Determined?
California law provides that both parents have an equal responsibility to support their minor children, both natural and adopted, whether or not the parents were married. Child support can be requested by one party from the other through an action for dissolution, legal separation, nullity, paternity or a domestic violence action.
In general terms, child support is based upon the incomes of both parties, which parent has custody and how much time the non-custodial parent has with the child or children.
Once the information is collected, a computer program, used by both attorneys and judges, calculates support.
Child support is always modifiable and may be changed when either party’s financial circumstances change or there is a change in the custody or visitation schedule. A consultation with an attorney utilizing the computer program will give you an idea of the possible increase or decrease in the amount of support you are paying or receiving.
Enforcing Payment of Child Support
Once you have obtained a valid order for child support, you may enforce the payment for the support in several ways.
The best method of enforcing support payments is by wage assignment. California law now creates a mandatory wage assignment in connection with all support orders. A wage assignment will prepared and filed with the court after the order for support is made. It is then provided to the payor’s place of employment. The employer is required by law, without repercussion to the employee, to honor the wage assignment and deduct the child support from the payor’s salary or wages.
If a wage assignment is not possible (e.g., the payor parent is self-employed) there are other methods of enforcing the payment of support. One option is to seek enforcement through the Department of Child Support Services. Other options include placing liens on property, obtaining security deposits, contempt proceedings, etc. It is advisable to consult with an attorney, since the viability of these options depend greatly on individual circumstances.
For more information on child support & to learn how you can divorce with respect and compassion, contact the family law attorneys at Roseville Family Law Group at (916) 749-3387 or through this web-site.