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Everything You Need to Know About Child Support

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    1. Child Support Services Department. You can seek child support without private counsel.  You can apply here with the California Child Support Services Department.  https://childsupport.ca.gov/apply-for-child-support

    2. Legal Interest.  Unpaid child support automatically accrues 10% legal interest rate.  An obligor is the person that has to pay child support. An obligee is the parent that receives child support.

    3. Duration of Child Support. An obligee is entitled to child support until the child is 19 years old ,or 18 years old and is no longer a full time high school student, dies, married, or otherwise emancipated.

    4.  Modification of Child Support: You can modify child support by showing a material change in circumstances.  A job loss, a new job, an increase or decrease in earnings, as well as a change in timeshare all qualify as “a material change in circumstances.”

    5. Accrual of Support. It is crucial that the party paying the support immediately modifies a support order when his or her financial situation changed, such as a job loss or disability.  Child support that has accrued cannot be modified retroactively without the consent of the other parent.

    6. Jackson Credits. Although accrued child support cannot be modified retroactively, a parent may obtain credits against child support obligation if that parent had custodial care of the child during the period that child support accrued against him or her.  For example, mom has to pay child support based upon 70/30 timeshare, but mom had full time care of child despite her having only 30% timeshare.  In that scenario, mom can get credits because she cared for the child in excess of her custodial time.

    7. Collecting Child Support.  You can have the Child Support Services Department collect child support on your behalf. Alternatively, you can garnish the obligor’s wages or certain retirement benefits for child support.  If child support is not paid, you can also put a lien on the obligor’s real properties which is called an Abstract of Judgment.

    8. Adult Child Support. if your child has a disability or a condition that prevents him or her from earning a living or is otherwise “incapacitated from earning a living”, you can seek an order for adult child support. Family Code section 3910 requires a showing of a) incapacity to earn a living and b) insufficient means for self-support.

    9. Child Support Mandatory Add-Ons.  In addition to child support, parents share equally in uninsured medical expenses such as orthodontic and mental health expenses. Another mandatory add-on is childcare expenses that are necessary for the custodial parent to work or obtain training. Parents may also be ordered to share equally in any sports or activities the children are involved in as long as they agreed to the activities in advance.

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