Who Pays Support

In California, as in most states, both parents owe a fundamental and paramount obligation to support their minor children. The amount of support each parent pays, or receives, depends upon their respective circumstances. Child support is generally paid to the parent that has primary custody of the child or children.

How support is determined

If the parents agree, any amount of support is acceptable provided the children's needs are taken care of and neither parent is receiving state aid. California has established statewide uniform guidelines for appropriate levels of child support. These "guidelines" are actually algebraic formulas that the court must follow when determining the amount of child support. If the parents cannot agree upon the amount of child support, the court will apply the formula. The formula takes into account several factors that include:

• The incomes of both parents;
• The number children to be supported;
• The amount of custodial time each parent has with each child;

Additional child support

In addition, the court will also consider the cost of health care and childcare as a basis for additional child support.

• Health care costs/expenses for the children; Both parents are required to provide health care insurance to the extent that such insurance is available at little or no cost though that parent's employment. Uninsured costs (co-pays, deductible and non-covered healthcare expenses) will be shared equally by both parents.
• Child care expenses will also be shared, equally by both parents, to permit the custodial parent to be employed.

How changes affect support

Issues dealing with children can, and do change. In California, the Family Law Court continues to have "jurisdiction" (the authority to make new orders) concerning children until they reach the age of 18. If the supported child is still residing with the custodial parent, that jurisdiction continues until the supported child marries, dies, is emancipated, reaches age 19, or reaches age 18 years and is not a full-time high school student residing with a parent, whichever occurs first. Changes effecting support include:

• A significant gain or loss of income by either parent;
• A change of the parenting plan that changes the amount of time each parent has custody of the supported child;
• The birth of another child to either parent.