Child support can be a critical part of the divorce process for many couples. If seeking a divorce in California, here’s what you need to know about when child support is determined.
Child support may be requested as soon as the divorce is filed in California. In order to request the child support order, a spouse must request a hearing after which the judge will sign the order. In addition, while waiting for a final judgment in the case, a spouse can request a temporary order for child support.
What is Child Support?
Both parents are required to financially support their children under both federal and state law. However, this can only be enforced if a court orders a parent to provide this support. The resulting amount of money that a parent is required to pay per month in order to support the child is known as child support. Child support orders may apply to one or both of the parents as the object of the order is to ensure the financial support of the child, and as previously mentioned, both parents are required to do so. A parent can request a child support order in any of the following situations:
- Divorce, separation, or annulment
- A petition to establish parental relationship
- A domestic violence restraining order
- A Petition for Custody and Support of Minor Children
Related: How to Get Child Support in California
How and When is Child Support Determined in a California Divorce?
In the case of a California divorce, a parent may request a child support order as soon as the divorce is filed if there is not already an active case with the local child support agency that involves both parents. This is because a child support order requires an open case, and officially filing for divorce establishes a family court case. There are two separate paths that can be followed: 1) if the spouses reach an agreement regarding child support, or 2) if an agreement is not reached.
If the spouses do not reach an agreement, then one spouse may request a court hearing for child support. To request a hearing, there are forms that must be filled out and filed with the court clerk, all of which are provided here. In this scenario, the child support itself is determined by the judge at the hearing by using a guideline that is provided by the state. This guideline, or formula, involves many aspects, such as:
- Parental income
- Number of children
- How much time the child or children spends with each parent
- Health insurance expenses
- Many other personal factors
However, this is only a guideline, and the judge may order an amount that differs from the guideline. Once the divorce is finalized, the judge will submit the final order. In addition, while waiting for a final judgment in the case, a parent can receive a temporary child support order. This is usually requested when the divorce is originally filed and allows a parent to receive child support before the divorce is finalized.
In a scenario in which the parents reach an agreement regarding child support outside of the court, the parents must first calculate what the state-guideline amount of child support would be. If the guideline amount is not calculated, then the judge will not sign off on any order. This calculation can be done by the parents themselves by using the California Guideline Child Support Calculator. However, the calculation can be quite complicated, so it is recommended that the parents consult a family law facilitator in their county or a lawyer.
After a guideline amount has been determined, the parents can agree on that amount or another amount that is higher or lower. This is why it is necessary to calculate the guideline amount; if a parent agrees to an amount that is higher or lower than the guideline, then they must do so with full knowledge of the guideline to avoid being cheated or misled out of the recommended amount. The parents must also come to an agreement regarding which parent will keep the child on their health insurance, as well as how they will split other costs such as visitation-related travel expenses.
Once all of this has been determined and agreed upon, the parents must fill out and sign a Form FL-350 (Stipulation to Establish or Modify Child Support and Order), turn in the form for the judge to sign, and then file the signed form with the court clerk.
Related: 7 Factors That Determine Child Support in California
FAQs
I want a divorce. When can I request child support from my spouse?
Child support can be requested once the divorce is filed if there is not already an active case with the local child support agency. This is because a child support order requires an active family court case.
I’m in desperate need of child support, and I can’t wait until the case has been decided by the judge. What can I do?
A parent can receive a temporary order for child support while waiting for the final decision. They can request this when they file for divorce.
How is child support determined?
California has a guideline (formula) to determine child support, and a judge will use this guideline if the parents do not reach an agreement on the amount of support. However, the judge maintains the authority to order an amount that differs from the guideline. If the parents do agree on an amount, they must still calculate this guideline amount before they can agree to an amount that is higher or lower.
I’m getting divorced. When will I start receiving child support?
A parent may receive child support during the divorce process if they request a temporary child support order. The final child support order will not be submitted by the judge until the divorce is finalized.
Contact Us
If in need of legal support in regards to requesting child support, contact Her Lawyer to receive a free consultation with an expert family law attorney. Her Lawyer is dedicated to finding clients the perfect lawyer for their particular legal situation.