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How to File for Child Support in California

How to File for Child Support in California

By Her Lawyer on September 10th, 2020

Filing for Child Support

During and after ending a marriage, a parent may be eligible to receive financial support for their child. Here’s how to file for child support in California.

To file for child support in California during a divorce, fill out the necessary court forms and get them reviewed by an attorney. Then file them with your local court and serve the papers to your child’s parent. Attend court or mediation to settle support terms, then have a judge decree your final child support order.

Filing for Marriage Dissolution Before You File for Child Support

If you’re ending your marriage, the first step to filing for child support is filing for divorce, legal separation, or annulment. This is because California requires that a family law case must be open in order to request child support. The most common way to end a marriage is to get a divorce. For more information on how to start a divorce, click here.

Fill Out, Review, and File Court Forms

To request temporary or permanent child support in a divorce, you’ll need to complete these forms:

Speak with a lawyer to determine whether you should file a Form FL-155 or Fl-150.

Have A Lawyer Review Your Forms

It’s crucial that these forms are properly completed, so make sure a child support attorney reviews your documents before filing. The way these forms are completed and filed will have a significant impact on the rest of your case. These documents are complex, so consult a skilled child support attorney before filing them with the court. If you’re looking for an experienced child support lawyer, contact us. One of our lawyers for mothers can just review your forms, or handle your whole case if you need legal representation. We’ll get you in touch with the right attorney for your needs.

Make At Least 2 Copies of Each Form

Once you’ve completed the forms and had them reviewed by an attorney, make two copies of each form. One set of copies will be for your personal records and the other set will be served to your spouse. If attorneys or local child support agencies are involved, you’ll probably want to make a few more sets of copies.

File the Forms

After you’ve completed, reviewed, and copied the necessary forms to request child support, file them with your local court clerk. The court clerk will keep the original forms and hand the copies back to you, which will be stamped “Filed”. You will be charged a filing fee unless you asked for a fee waiver.

Get Your Court Date

The court clerk will give you a court date and write it on the Request for Order (Form FL-300). You can still go to mediation to settle child support terms with your spouse out of court. If you and your spouse reach an agreement in mediation you may not need to go to court.

Serve the Papers

After filing your child support papers, you must get someone over the age of 18 (not you) to serve the papers to your spouse. This is an essential part of filing for child support. For more information on how to serve divorce papers, click here.

Along with all the forms you filed with the court, include both of these blank forms in your service of process:

The process server must be over the age of 18 and not involved with your divorce or child support case. Depending on your circumstances, the forms may need to be served at least 16 court days before your court date or in person. Get in touch with a child support attorney for mothers to properly handle your case.

File Proofs of Service

Once your spouse has been served, the process server will need to file their proofs of service. As this is an important part of your case, speak with an attorney to make sure the process server files this form correctly.

If the papers were served in person, the process server must file this form with the court:

If the papers were served in person, the process server must file this form with the court:

Go to Mediation or Court

Next, go to your court hearing if you haven’t reached a child support agreement in mediation. Make sure to take a copy of all of your papers, including the Proofs of Service. In court, a judge will use all relevant documents and evidence to make a decision regarding the request for child support. For more information on how to prepare for a child support hearing, click here.

However, understand that you can resolve child support and divorce terms outside of court. If you and your spouse can reach mutually satisfactory terms in mediation, an attorney can draft a final child support agreement and submit it to the judge for approval. In mediation, child support terms are decided by the parents rather than a judge. If you’re looking for an experienced mediator to help you and your spouse reach an agreement, contact us.

Get Your Final Child Support Order

In court, a judge will make an order they believe reflects the child’s best interests. This order will be legally enforceable. However, it may be the person who requested child support’s responsibility to prepare the order for the judge’s signature. If this is your responsibility, fill out and attach these forms:

  • Findings and Order After Hearing (Form FL-340)
  • Child Support Information and Order Attachment (Form FL-342)
  • Notice of Rights and Responsibilities — Health-Care Costs and Reimbursement Procedures (Form FL-192)

If you’ve resolved child support terms in mediation, an attorney can draft your final child support agreement and submit it to the judge for approval. The agreement is not legally enforceable until signed by a judge. If a judge approves your agreement, you will probably not need to attend a court hearing.

Regardless of whether the custody order was reached in court or mediation, each spouse must complete these forms:

  • Child Support Case Registry Form (Form FL-191)
  • Notice of Rights and Responsibilities — Health-Care Costs and Reimbursement Procedures (Form FL-192)

FAQS About Filing for Child Support in California

How long does it take to get child support after filing in California?

Child support payments usually begin when the final judgment of marriage dissolution has been signed by a judge. If your request for child support has been granted, the details of when and how you will receive your child support payments should be listed in your final child support order.

Can I file for child support after divorce?

Short answer, yes, parents can still file for child support after their divorce has been finalized. To do so, the petitioning parent should speak with an attorney and fill out a Request for Order (Form FL-300).

Can I file for child support if the father is not on the birth certificate?

A father must have established legal paternity in order for them to be legally or financially responsible for their biological child. The court will not be able to take legal action until the parent establishes parentage.

Can I file for child support online in California?

No, you cannot file for child support online in California. You must file for child support in your local court; proceeding will either be handled in court or mediation. However, parents can check the status of your child support case or payments online.

Can I file for child support while married in California?

Yes, married parents can file for child support order through a Petition for Custody and Support of Minor Children (Form FL-260). Parents that want child support but are still married or want to stay married can do so.

Can you file for child support while pregnant in California?

Yes, you can file for child support over the child to be birthed by their pregnancy. However, there are certain rules and procedures mothers must follow in order to collect child support payments from the father that established paternity.

Contact Us

If you’re looking to file for child support and need an attorney, contact us. We’ll get you in touch with the right lawyer based on your unique needs and preferences. Your first consultation is free. We’re here to help you 24/7.