How to Determine If a Parent Can Afford Child Payments
California law requires each parent to be equally responsible for the financial needs of their child. The California court system is able to enforce this by determining child support – an amount of money required to cover the child’s living expenses. Here is what to do if you can’t afford child support in California.
Child support payments are determined by a judge based on the parent’s adjusted gross income, age, and earning capacity. According to the United States Census Bureau, the average monthly cost for child support was reported to be approximately $430. In addition to the average child support cost, it is important to remember that California requires the parent to have the capacity to afford recurring child support payments until the child is 18 years old.
How to Obtain a Child Support Order
Child support orders can only be granted by a judge in court. Following the parents’ separation, a parent must request an order to the court to establish paternity as well as a petition for an order for child support. Here are the cases in which a judge can approve an order for child support:
- Divorce, legal separation or annulment (for parents who are married or in a registered domestic partnership),
- Petition to Establish Parental Relationship (for unmarried parents),
- Domestic Violence Restraining Order (for married or unmarried parents),
- Petition for Custody and Support of Minor Children (for parents who have signed a voluntary declaration of paternity, or are married, or are registered domestic partners and do not wish to get legally separated)
What Prevents a Parent From Affording Child Support?
There are many situations that may make it difficult or even impossible for a parent to afford child support, apart from merely not wanting to pay.
Related: My Child’s Father Wants Custody to Avoid Child Support
Here are some possible circumstances that could hinder a parent from their ability to provide child support payments:
- The income of one or both parents has changed,
- One parent has lost their job,
- One parent has been incarcerated,
- One parent had another child in another relationship,
- There have been significant changes in the amount of time the child spends with each parent,
- The child’s needs have changed and there may be more or fewer costs for child care, health care, education, etc., and/or
- There have been changes in any other factors that are used to calculate child support
How to Change a Child Support Order
If a parent is unable to afford their child support payments, they can ask the court for a hearing to alter their existing child support order. Here is what a parent needs to do if they are looking to modify their child support order:
- Complete the necessary paperwork.
- Fill out the Request for Order Income and read the Information Sheet Request Order to assist in completing it.
- Fill out either the Income Expense Declaration form or Financial Statement form. Read Which Financial Form to determine which form the parent should complete.
- Have the paperwork reviewed by the court’s family law facilitator.
- Print at least two copies of all of the forms.
- File the forms with the court clerk.
- Obtain the court date from the county clerk.
- Serve the other parent with the necessary paperwork.
- Ensure to serve the parent with your papers, and blank copies of the Income Expense Declaration form and the Responsive Declaration to Request for Order forms.
- Prepare for and attend the court hearing.
Related: How to Modify a Child Support Order in California
What Are the Consequences of Not Being Able to Afford Child Support?
Child support is a court order, thus, a parent is legally required to provide child support if it has been approved. Failure to meet this legal obligation, therefore, means that a parent is disregarding a court order. Here are some of the legal consequences that noncompliance with this order can bring upon a parent:
- The loss of their driver’s license
- Garnishment of their pay
- Tax return seizure
- All liens for property must be paid before they can be sold
- Jeopardization of credit score
- Incarceration for willful nonpayment
- Felony charges if more than $10,000 behind on payments
Legal Resources If a Parent Can No Longer Afford Child Support Payments
If a parent is unable to continue to afford child support payments, it is important to know that legal assistance is available. Here are some resources that are available to a parent struggling to pay child support:
- Pro-bono legal advocacies are available online. Visit https://www.californiaprobono.org/ to explore the options.
- Visit their local Legal Aid Center in their municipality or online.
- Contact Child Support Enforcement for resources they can provide.
- If rental assistance is necessary, visit the U.S. Department of Housing and Urban Development Public Housing Agency website.
Contact Us
If you have any more questions on what to do if you can’t afford child support in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter! Get your free consultation today!