Child Support Orders
Key Terms
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Under California Family Code § 4053, child support is generally described as a payment that a parent makes for the financial benefit of their child. California law views child support as a child's right, intended to ensure that children share in the standard of living of both parents.
A more specific working definition appears in Family Code § 150, which states:
"'Support' refers to support of the child and includes financial support, education, and maintenance."
Additionally, Family Code § 3900 sets the basic responsibility:
"The father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child's circumstances."
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Guideline Child Support, Statewide Guideline Child Support Formula: Family Code section 4050/ 4055
"Guideline" support refers to the standard, formula-based child support calculated under California’s statewide uniform guideline, which is set by Family Code §§ 4050–4076. Courts use a specific mathematical formula (based mainly on each parent's income, time spent with the child, and certain deductions) to determine the amount. Judges must order guideline child support unless there’s a legal reason to depart from it.
Section 4050 outlines that California must comply with federal regulations for uniform support obligations, and section 4055 provides the specific formula the state uses to calculate guideline support.
Non-Guideline Child Support, Departures from Guideline CS Formula: Family Code section 4052
“Non-Guideline” support is child support that doesn’t follow the exact “guideline” formula because the court finds a lawful reason to derivate. This might happen, for example, if:
The parents mutually agree to a different amount (and the court approves it as in the child’s best interest).
Applying the formula would be unjust or inappropriate based on the circumstances (like extremely high income cases, special needs, or a parent’s disability).
Special cases like a default judgment or stipulated judgments.
Section 4052 addresses that the court may issue support orders that depart from the guideline amount only in the special circumstances set forth in Article 2 of the Family Code.
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An agency that exists in every state to find parents that don’t have custody (called "noncustodial parents," or "NCPs") or to find the person assumed to be the parent of a child (called a "putative parent"). A CSE Agency makes, enforces, and changes child support, as well as collects and gives out child support money.
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Child support that is overdue or unpaid. A parent that has arrearages is "in arrears."
Under California law, unpaid child support automatically accrues interest at a rate of 10% per year. Interest continues to accrue until the arrears are fully paid.
California Code of Civil Procedure § 685.010(a)(1) — sets the 10% annual interest rate on unpaid money judgments (child support orders are treated as judgments once due).
Family Code § 4502 — confirms that child support arrears are enforceable until paid in full, including accrued interest.
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The total amount of child support payments that you owe or that are late.
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An Income Withholding Order is a federally standardized form and process used to collect support payments by withholding income not just from wages but also from other types of income (like disability benefits, pensions, or independent contractor payments). In California, it’s typically issued alongside an Earnings Assignment Order in cases involving child support.
Earnings Assignment Order: A court order that makes an employer take support payments out of a parent's paycheck and send it to the other parent or the state.
Income Withholding Order: A legal form that tells employers (and sometimes other payers) to take support money out of someone’s income and send it where it's owed.
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Support Obligee
The person, state agency, or institution owed a debt (usually money) like child support (also called "custodial party" if the money is owed to the person with primary custody of a child).
Support Obligor
The person that must pay child support or perform some other financial obligation.
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Child Support
This video provides a basic explanation of the key aspects related to child support within the framework of Domestic Violence Restraining Orders (DVROs). It covers how child support orders are determined, the legal standards for establishing these orders, and the responsibilities of both petitioners and respondents. While the video addresses the essentials, note that orders issued temporarily during DVRO proceedings are subject to review and potential modification at the final hearing on the request for a permanent restraining order.
Key California Child Support Statutes (Law)
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Duration of Child Support Orders: Family Code section 3601
Child support orders will continue in effect until they are (1) terminated by the court or (2) terminated by operation of law.
Duration of Duty of Parents to Support Child: Family Code section 3901
The duty to support a child who is not incapacitated ends when the child completes the 12th grade or attains 19 years of age, whichever occurs first.
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Effect of Reconciliation on Child Support Orders: Family Code section 3602
Unless otherwise specified, child support orders issued during the divorce process are unenforceable during any period that the parties have reconciled and are living together.
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Equal Duty of Parents to Support Child: Family Code section 3900
Both parents of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances.
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New-Mate Income: Family Code section 4057.5
New-mate income (i.e., the income of either party’s new spouse or non-marital partner) shall not be considered by court in connection with determining child support.
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Gross Income for Purposes of Child Support: Family Code section 4058
This section defines the annual gross income of each parent.
FREE California Judicial Council Forms (Court Forms)
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FL-150: The Income and Expense Declaration is a financial disclosure document that asks both parties for their employment, education, income, and expense information, as well as copies of their 2 most recent tax returns. More specifically, parents must use this form to provide any and all financial information necessary to allow the court to determine each parent’s financial situation, including any education, healthcare, and other hardship costs, so that the court may make appropriate determinations of child support.
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FL-191: In family law cases in which child support is ordered, both parents must complete a Child Support Case Registry form. The information on the form will be included in a national database that, among other things, is used to locate absent parents. This form is confidential and will not be filed in the court file. Instead, the form will be maintained in a confidential file with the State of California.
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FL-192: The Notice of Rights and Responsibilities is an information sheet provided to parents in parentage cases involving child support orders.
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FL-196: If child support is ordered in a family law case, the court may issue an earnings assignment order (also known as a ‘wage assignment’ or ‘income withholding’ order). If the parent ordered to pay support is regularly employed, their employer will use the information on this form to make support payments directly out of their paycheck. Most support is paid this way, and federal and state laws require it in almost all child support cases. It is the employer's responsibility to withhold the wages if there is a wage assignment. If the parent ordered to pay support has other wage assignments in place, child support is deducted first, before other withholding orders. Spousal or partner support assignments come after child support wage assignments.
Blog Posts
Can I Ask for Child Support in a Restraining Order (DVRO) Case?
It all begins with an idea.
What Happens If the Other Parent Doesn’t Pay Court-Ordered Child Support?
It all begins with an idea.