Child support is the amount of money the court orders parents to pay for the basic living expenses of the children. California follows a specific formula or “guideline” to determine the amount of child support to be paid.
California guideline child support is based on a complex equation grounded in two basic factors:
- The difference between the incomes of the parents.
- The disparity of time spent caring for the child.
Both factors are used in calculating monthly child support, so while the parents may have equal incomes, for example, if one parent is the majority caregiver, the other will likely be ordered to pay support.
The Child Support Process
Under California law, child support begins when one parent formally seeks it by opening a case. While it’s often a divorce matter that starts the process, there are other types of cases that allow for child support:
- Legal separation
- Dissolution of domestic partnership
- Petition to establish paternity
- Petition for custody and support of minor children
- Request for a domestic violence restraining order
The California Department of Child Support Services may also file an action through a local child support agency.
How To Apply For Child Support
How to apply depends on whether you already have a family court case (or one with the local child support agency) or you’re starting a new case. Even if the parents have come to an agreement about the amount of child support to be paid, it must meet the California guideline. For help calculating the amount you can:
- Ask a California family law facilitator to run the calculation.
- Use the California Guideline Child Support Calculator to calculate it yourself.
It’s important to note that using the self-calculator requires some understanding of California family law as well as California state and federal tax law. If you feel you don’t have the knowledge necessary to use the calculator, it’s in your and your child’s best interests to seek help from either a facilitator or family law attorney. Otherwise, you may not receive the amount you’re entitled to under California law.
If you’re currently in divorce proceedings, the court may make a temporary order for child support while the case is ongoing. Otherwise, a Request for Order for a hearing date on child support must be completed, filed, and served on the other parent.
Option 1: Apply Through the Court
Parents may request child support directly through the California Superior Court in the county where the child lives.
This often involves filing:
- A Request for Order (Form FL-300) requesting child support
- An Income and Expense Declaration (Form FL-150)
- A Child Custody and Visitation Application Attachment (FL-311) if custody is also being addressed
Once filed, the court schedules a hearing where a judge will review the request.
Option 2: Apply Through the Local Child Support Agency (LCSA)
Parents may also apply through their county’s Local Child Support Agency. These agencies help establish and enforce child support orders.
Services may include:
- Establishing paternity
- Locating the other parent
- Establishing a child support order
- Enforcing existing support orders
- Collecting payments
Applying through the LCSA is generally free.
You can apply online through the California Department of Child Support Services website or by contacting your county agency.
How Long Does Child Support Last in California?
In most cases, child support continues until the child turns 18 years old and graduates from high school.
If the child is still a full-time high school student at age 18, support may continue until graduation or age 19, whichever comes first.
Support may continue longer if the child has certain disabilities requiring ongoing care.
Get The Help You Need
Child support arrangements are often one of the most contentious issues in divorce litigation or settlement in California, a particularly expensive state to live in. Establishing the appropriate child support payment from one parent to the other is crucial to your child’s well-being. If you’re dealing with child support issues in California, it can be extremely helpful to have an experienced and knowledgeable family law attorney who understands child support issues on your side. They can help you successfully navigate what is often a confusing and overwhelming process.
📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.
📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.
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Frequently Asked Questions About Applying for Child Support in California
How do I start a child support case in California?
You can start a child support case by filing a request with the California Superior Court or by applying through your county’s Local Child Support Agency (LCSA). If a family law case already exists, you typically file a Request for Order asking the court to establish child support.
Do I need a lawyer to apply for child support in California?
No, you are not required to have a lawyer to request child support. Many parents file on their own or apply through the Local Child Support Agency. However, legal guidance can be helpful when cases involve complex financial issues, custody disputes, or self-employment income.
Can I apply for child support if I was never married to the other parent?
Yes. Parents who were never married can still apply for child support. If parentage has not been legally established, the court or child support agency may first need to establish paternity before issuing a support order.
How much child support will I receive in California?
Child support in California is calculated using a statewide guideline formula. The calculation considers factors such as each parent’s income, the amount of parenting time each parent has, healthcare costs, childcare expenses, and certain tax considerations.
What documents do I need to apply for child support?
Typically, you will need to provide financial information, including pay stubs, tax returns, and documentation of childcare or health insurance costs. Both parents may also be required to complete an Income and Expense Declaration.