At SD Law Center, we believe that every child deserves the financial support necessary for a stable, healthy upbringing. Whether you are seeking to establish, enforce, or modify a child support order, our experienced San Diego family law attorneys are here to ensure that the child’s best interests remain the focus, and that California’s support guidelines are applied fairly and correctly.
Child support is a legal obligation requiring a parent to contribute financially to the upbringing of their child. In California, both parents share this responsibility, regardless of their marital status. Child support is designed to cover the costs of:
The California family court system uses a standardized formula to determine the appropriate amount of support, ensuring consistency and fairness in most cases.
Child support laws are governed by California Family Code §§ 4050–4076. The purpose of these statutes is to ensure that children receive adequate financial support and that parental contributions are consistent with each party’s ability to pay.
The formula-based guideline, often calculated using the DissoMaster program, considers several key factors:
The guideline formula used in California is:
CS = K [HN - (H%)(TN)]
Where:
While this formula is standardized, the court has discretion to deviate if applying it would be unjust or inappropriate based on specific circumstances.
You can request child support through:
Once a request is filed, the court will issue a temporary order or schedule a hearing. The support order becomes enforceable once signed by the judge.
If the paying parent fails to comply with the order, the other party can seek enforcement through:
Failure to pay child support is taken seriously in California, and significant penalties can be imposed.
Life changes. When your financial circumstances shift, the law allows for child support to be modified. A material change in circumstances is required, such as:
A formal court order is required—verbal agreements or informal arrangements are not enforceable.
1. High-Income Earners: For parents with income above the norm, courts may deviate from the standard guideline. Judges have broad discretion to ensure the child shares in the parent’s standard of living while avoiding excessive awards.
2. Self-Employed Parents: Calculating income can be complicated for self-employed individuals. Our firm uses forensic accounting and subpoena power to ensure accurate disclosures.
3. Imputed Income: If a parent is voluntarily unemployed or underemployed, the court may impute income based on their earning capacity.
4. Add-On Expenses: In addition to base child support, California allows for “mandatory” and “discretionary” add-ons:
There is a direct relationship between custody time and support. A parent with less parenting time will typically pay more support. It’s crucial to have an accurate timeshare percentage to ensure a fair outcome.
If one parent lives out of state, California will apply the Uniform Interstate Family Support Act (UIFSA) to enforce or modify an existing order. Our attorneys handle interstate cases to ensure compliance and recognition of support obligations across state lines.
Can child support be ordered if parents were never married? Yes. As long as paternity is established, child support can be ordered.
Can I stop paying support if my child lives with me now? No. You must return to court and obtain a new order.
How long does child support last in California? Generally, until the child turns 18 or graduates from high school (whichever is later), but not beyond age 19.
Can support be collected retroactively? Yes. Support can be collected retroactively to the date of filing, not before.
If you need help calculating support, filing for modification, or collecting unpaid amounts, SD Law Center is ready to assist. We are committed to ensuring every child receives the support they deserve—and that your rights as a parent are protected.
