How Do I Get Child Support in California?
It’s important to protect your rights when filing for or enforcing a child support order. Here’s how to get child support in California.
To get child support in California, the father needs to have established paternity. Then, either parent can file for child support, and a judge can decree a court order legally obligating one spouse to pay up. If the parent violates the court order, the judge can enforce child support by holding the delinquent parent in contempt of court.
1. Establish Parentage
It’s important that the individual you’re seeking child support from has established parentage of your child. Under California’s child support laws, a child’s biological father is not obligated to pay child support unless they are legally classified as the child’s father. A judge will not establish or enforce a child support order unless the father has established paternity. For more information about how to establish paternity in California, click here.
2. File for Child Support
If the person you’re seeking child support from is legally classified as the child’s parent, you can file for and receive child support. First, complete the necessary court forms and have them reviewed by an attorney. Then file them with the court. Unless you and your spouse can reach or have reached a child support agreement in mediation, a court hearing will be held to determine child support. A judge may then decree a final child support order. For more information on how to file for child support, click here.
3. Enforce the Child Support Order
If a child support order has been established, the person paying support (PPS) is legally obligated to pay. Parents can enforce a child support order by holding the delinquent PPS in contempt of court, meaning that they are found to have violated the court order. A judge can get you back child support by decreeing an earnings assignment, determination of arrears, or other civil or criminal punishments to make the delinquent parent pay up. For more information about how to enforce a child support order, click here.
FAQs
How do I apply for child support in California?
To apply for child support, fill out these forms, and file them with your local court:
- Request for Order (Form FL-300) AND
- Income and Expense Declaration (Form FL-150) OR
- Financial Statment (Form FL-155)
How does getting married affect child support in California?
A child support order will remain unaffected by a divorced spouse’s remarriage. Step-parents are usually not legally obligated to financially support their non-biological child. However, the judge may consider the receiving spouse’s financial state after marriage. If the mother can financially support the child, the court order may be modified.
Can I get child support if the father is on disability in California?
A father can pay for child support with his disability benefits. However, an earnings assignment cannot be placed on SSDI benefits to enforce the child support order.
How long does it take to get child support payments?
How long it takes to receive your child support payments after the court order was established depends upon the unique factors of your case. It usually takes 30 days to get child support payments in California.
Does child support get taxed in California?
No, child support does not get taxed in California. Child support payments are tax neutral, meaning that they are neither taxed nor tax-deductible.
Can I get child support if the father is unemployed?
Under California law, child support payments do not automatically end when a father becomes unemployed. The person paying support can request to modify child support payments due to unemployment. Also, child support payments can be paid from unemployment benefits.
Free Consultation With a Child Support Attorney in California
If you need to get child support, contact us. We’ll get you in touch with the most qualified attorney for your unique legal issue. Get your free consultation with one of our Child Support Attorneys today!