Navigating Custody Arrangements During Summer Break
Elizabeth Mayberry Esq.
June 28, 2024
The main goal is to reduce disparities between households, aiming for a similar quality of life to what the child would experience if parents lived together. In California, child support aims to ensure children maintain a consistent, similar standard of living in both parents’ households by balancing financial resources. It covers daily necessities, housing, education, and health costs based on both parents’ incomes, commonly requiring higher-earning parents to pay lower-earning parents, even in 50/50 custody. Both parents are expected to contribute to the child’s financial needs in proportion to their income.
Beyond basic support, courts often order parents to share costs for child care (work-related), uninsured health expenses, and special needs.
California law does not require parents to pay for college expenses, but parents can voluntarily agree to cover these costs. Such agreements can be made part of a court order and enforced.
California child support orders can be made retroactive to the date a petition or modification request is filed, with some exceptions. If the paying parent isn't served within 90 days and isn't avoiding service, retroactivity starts from the service date. Special rules also apply for unemployment or military service situations.
Child support payments are commonly collected through wage garnishment, in which employers deduct the amount directly from employees' paychecks.
Simply having a written or verbal agreement between the parents isn’t enough to make it legally binding. For the agreement to be enforceable, meaning the court can require both parties to follow it, it must be submitted to the court and signed by a judge. Once the judge reviews and approves the agreement, it becomes a court order that carries the full force of law.
In California, child support payments usually end when a child turns 18. However, support may continue until age 19 if the child is still a full-time high school student, unmarried, living at home, and unable to support themselves. Child support can end earlier if the child joins the military or gets married. Some parents choose to extend payments beyond the legal cutoff for reasons such as college expenses or transitional needs. If a child is disabled and unable to support themselves, California courts can order support to continue well beyond age 19.
Keep in mind that child support does not always end automatically at 18. Parents may need to file paperwork to terminate payments, especially if handled through a local child support agency.
If you need to change your child support order in California, you’ll have to show there’s been a big change in your situation. Maybe your income has gone up or down, you’ve had another child, your job situation has changed, or your parenting schedule is different.
To get the order changed, you’ll need to file a Request for Order with the court and provide updated financial info using a new Income and Expense Declaration. Just keep in mind, small changes in income or parenting time usually aren’t enough; there has to be a real, noticeable difference.
If you’re facing a child support or child custody matter, reach out for a confidential consultation. We will listen to your concerns, answer your questions, and advocate for the best interests of your child every step of the way.
Call (833) 931-1615 or complete our online form to schedule your appointment with a dedicated child custody attorney.
With deep roots in the community and extensive mediation experience, our attorneys are committed to guiding our clients with authority and compassion. At Burgos Santoyo Smith, you get the experience of seasoned litigators with small firm attention. We recognize that child support and custody go beyond legal results. This shapes the future and well-being of your family.
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