Child Support Basics

Each parent has a responsibility to financially provide for their minor child(ren).  Either parent can ask the court for child support as part of one of these types of cases:

• Divorce, Legal Separation, or Annulment
• Paternity (an action that establishes the legal father of a child born outside of marriage)
• A Domestic Violence Restraining Order
• A Petition for Custody and Support

Child Support can be ordered in the following ways: by asking the judge for an order, filing a case with the local child support agency, or by agreement.

Changing Child Support

You may ask the court to modify (raise or lower) child support amounts, the court will make its decision based on the circumstances described in your request. A significant circumstance would include: changes in income, or changes in the amount of time spent with the child(ren).  We provide modification services which are listed on our divorce page under “Modification.”

Changing Child Custody

The court retains jurisdiction over your minor child(ren).  Child custody matters can be decided by filing one of several forms.  We specialize in these procedures and help you file the necessary paperwork to get your custody disputes and/or agreements ordered by the court.

Calculating Child Support

The state of California  calculates support based on a formula referred to as a “guideline.”  The guideline for support takes into consideration several factors, which are defined in the California Family Code Sections 4052 and 4057.  In general, parents can also agree on a non-guideline support amount if they meet certain criteria, but all agreements must start with each parent fully understanding the guideline support amount.  The Department of Child Support Services can provide you a calculation but their services are back logged and most matters can’t wait.