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How to fight child support in california


Child support | California Courts

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  • Child support basics
  • How the court calculates support
  • How to get or change a child support order
  • How to respond if you got (were served) papers asking for a child support order
  • Where to get free help

Child support basics

By law, both parents must support their children 

Parents must share the financial responsibility for raising their children. Sometimes parents can agree on how to share this responsibility without going to court. If you and the other parent can’t agree, you can ask the court for a child support order.

Child support is the amount of money that a court tells a parent to pay every month. This money is to help pay for the children’s living expenses. Usually, child support is paid to the person primarily caring for the children. But, there may be exceptions based on how much each parent earns.

A child support order will say how the parents share the financial responsibility. It can also require an employer to deduct the support directly from a paycheck.

The duty to pay support typically ends when a child turns 18 and graduates high school

If they’re still in high school full-time and cannot support themselves, the duty ends when they graduate or turn 19, whichever happens first.

The duty also ends when a child gets married, enters a domestic partnership, joins the military, is emancipated, or dies.

The duty can continue after a child turns 18 (or 19) if the child is disabled and can’t support themselves or if the parents agree for support to continue.

How the court calculates child support

Courts use the California “guideline”

The guideline looks at:

There is a free online child support calculator that figures out how much support a parent needs to pay. 

Child Support Calculator

How to get or change a child support order

If you need an order and don't already have one

What you need to file and the steps you need to take depend on whether you already have a family law case in California (like a divorce or parentage case) involving the child. If you don't, you need to start one. If you do already have a case, you can file papers in that case asking a judge to decide support or to make an agreement between you and the other parent an order.

The steps you take and the forms you need will also be different if you want the Local Child Support Agency (LCSA) to be part of your case, or if they already are. The LCSA, sometimes called the Department of Child Support, helps to make sure that children get enough support. 

Find out what forms to file

If you have an order and need to change it

You can ask the judge to change support if things changed since the last order, like:

  • You are now making less money 

  • The other parent is now making more money 

  • You are now spending more time with your children 

If you and the other parent don't agree about the change, you can file a Request for Order (form FL-300) to ask to change the order. If you and the other parent agree on the change, you can turn in a written agreement for the judge to sign.

If you have an LCSA child support case (a government child support case), there are different instructions to ask to change the order.  They will also need to approve any agreement to change support.

How do I know if the LCSA is part of my case? Learn more

How you get help or change your child support order is different if the local child support agency (LCSA) is involved in your case.

The LCSA will be part of your case if one of the parents:

  • Is getting money from the government for your children, or
  • Asks for their help                                                   

One way to tell if the LCSA is involved in your case is if the County is listed as one of the parties. For example County of San Diego v. John Doe

If you aren’t sure if the LCSA is involved, call the Child Support Customer Connect line to find out: 866-901-3212.

If your duty to pay support ended (for example, your child turned 18 and graduated high school), you can stop support payments from being taken from your paycheck.

If you need to change the order, don't wait

A judge can only change the support amount as far back as the day you filed papers asking for a change. The judge can’t make any changes to the amount before that day. 

Your options to respond, the forms you use to respond, and any deadlines you need to meet depend on which forms you were given. The forms should have a form number in the upper right or left-hand corner. Get step-by-step instructions to respond to:

  • Form FL-300, FL-680 or 683, or DV-100. These forms mean you have a court date. A judge may make a decision about child support at that court date.
  •  Form FL-100, Form FL-200, Form FL-260, or Form FL-600. These are forms that start a family law case, like a divorce. You generally have 30 days to file a response to these.

If you do not respond, a judge may make a child support order without your input.

Where to get free help

The Local Child Support Agency 

The Local Child Support Agency (LCSA) makes sure the children get enough support.  In some counties, their name is the Department of Child Support Services. 

They may become involved in your case if either: 

A lawyer from their agency will go to court for any hearings you have about child support. The LCSA is not the attorney for either parent.   

If they are part of your case, they:

  • Can help you and the other parent reach an agreement 

  • Must approve any agreement you make with your child’s other parent 

  • Can also help either parent change the child support order in court if there has been a change 

  • Will be in charge of collecting child support 

Free help is available in every county 

The Family Law Facilitator in your county: 

  • Can give you information 

  • Help you calculate guideline child support 

  • Help you fill out forms 

  • Tell you about the court process 

  • Related topics

    Child support legal and government resources

    How to collect child support

    How to pay child support

Ask for child support | California Courts

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If parents aren’t living together, the court can order one parent to pay the other parent child support. To ask the court for child support or to change a child support order, you have to file a request.

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Use different instructions if the Local Child Support Agency (LCSA) is part of your case. If you have an LCSA child support case (a government child support case), there are different instructions for how to ask to change the order. 

How you get help or change your child support order is different if the local child support agency (LCSA) is involved in your case.

The LCSA will be part of your case if one of the parents

  • Is getting money from the government for your children, or
  • Asks for their help                                                   

One way to tell if the LCSA is involved in your case is if the County is listed as one of the parties. For example County of San Diego v. John Doe

If you aren’t sure if the LCSA is involved, call the Child Support Customer Connect line to find out: 866-901-3212.

Gather information about your finances

When you ask for child support, you will need to tell a judge about your financial situation. You will need proof of your income for the last two months. 

Find out how support is calculated

  • Learn about child support

  • Use a free online child support calculator  

  • Go to the Family Law Facilitator in your county 

A Family Law Facilitator can explain child support and help you calculate the amount the court would likely order.  

  • Fill out Request for Order form

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    Request for Order (form FL-300)

    Use this form to tell the court:  

    For child support, use item 3 on page 3, and “Facts to Support” (item 10 on page 4).  

    Item 10, “Facts to Support,” on Page 4 asks you to explain why the court should order what you requested. Write down the facts, not just opinions, that support what you’re telling the court.  

    For example, tell the court if things have changed since the last order for support, like you lost your job, are making less money, or are spending more time with the children.  

    If there is a document that supports what you say (like a letter from your job), attach that to your request. Black out any private information like a Social Security number or account numbers.  

    If you need more space, check the box that says, “Attachment 10.” You can use Attached Declaration (form MC-031).  

     

    The Petitioner is the person who started the family law case initially. The Respondent is the other parent. For example, if you are filing this Request for Order but the other parent was the one who started the case at the very beginning, you are the Respondent. 

     

     

    Use the same form to ask for other orders. For example, if you need a child support and child custody order, you can usually use the same form to ask for both. This saves you a filing fee. And, the court can decide both issues at the same time. Read about the other type of order to be sure you can ask for the order in this case.

     

     

  • Fill out the Income and Expense Declaration

    • Income and Expense Declaration (form FL-150)

    This form asks how much money you earn and how you spend your money.   

  • Attach documents to support your case

    Sometimes it's important to have documents that support your case. If you have any, you can attach copies or file these with your request so the judge can consider them at the hearing.

    • Documents can include things like a receipt, a bill, or a letter from your employer 
    • Black out any private information like a Social Security number or account numbers
    • If there is a witness (someone who saw or personally knows something), you can ask them to write and sign a statement that says what they know. Learn more about witness statements.

    If you don't have these ready now, you can file them later.

  • Make copies of your forms

    After you’ve filled out, signed, and dated both forms, make 2 copies of the forms.   

  • File your forms

     

    To file your forms with the court:

    There may be other fees. For example, if you’re also asking to change child custody or visitation.  

    If these are the first papers you’ve filed in the case, there will be a $435-$450 “first paper” filing fee. If you can't afford the fee, you can ask for a fee waiver.  

    The clerk will: 

    A judge will make a decision about your request at the hearing. 

    Yes, you can file by mail. Mail your original and 2 copies to the clerk. You need to include the filing fee and a self-addressed stamped envelope so the clerk can mail your copies back to you. If you do not include a self-addressed, stamped envelope you will have to go to the courthouse to pick up your copies.  

    Some courts allow online filing (called e-file). You can find out if your court has online filing by visiting your court’s website.  

Once you’ve filed the forms, the next step is to serve your spouse. Before or after you serve the papers you can start to prepare for your hearing.

The mobilized were explained in which case they would have to pay alimony

Economy 9889

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The State Duma this week adopted in the first reading a bill that suspends the consideration of civil cases in courts, where the defendant is mobilized, as well as the execution of court decisions to recover funds from them. The moratorium will not apply to executive documents related to the payment of alimony or compensation for harm in connection with the death of the breadwinner.

The bill was introduced by a group of senators and deputies from the United Russia, and Right-wing Russian deputy Andrey Kuznetsov. Igor Antropenko (“ER”), speaking at the plenary session on behalf of the authors, recalled that now the Arbitration Procedure Code (APC), the Civil Procedure Code (CPC), the Code of Administrative Procedure (CAS) and the law on enforcement proceedings regulate issues in different ways related to the suspension of the consideration of cases in cases where the parties to the process take part in hostilities. Different formulations give rise to legal uncertainty. Before Russia launched a special military operation in February 2022, and the president announced partial mobilization by decree in September, this legal uncertainty did not create any particular problems, and judicial practice was “insignificant,” the explanatory note to the bill says. But now problems have arisen - suffice it to recall that none of the current wording of existing laws protects the rights of mobilized and volunteers before they enter the combat zone - during distribution, preparation, training and combat coordination.

And so it was decided to introduce the same list of grounds for suspending trials and enforcement proceedings: the participation of the defendant in military operations as part of the Armed Forces of the Russian Federation, other troops, military formations and bodies; his participation in the counter-terrorist operation; performance of tasks in a state of emergency or martial law, armed conflict; call for military service on mobilization; conclusion of a contract on voluntary assistance in the performance of tasks assigned to the RF Armed Forces. This, according to the authors of the bill, will provide a “single approach” to ensuring the procedural rights of not only those in the army, but also the National Guard, the police, the FSB, the Ministry of Emergency Situations, the prosecutor’s office, the Investigative Committee, as well as those mobilized and volunteers. But all of the above cases cannot be grounds for suspending enforcement proceedings on the recovery of alimony in respect of minors (in relation to parents - they can), and on the recovery of damages in connection with the death of the breadwinner: "taking into account the social significance of these types of payments."

The courts for criminal and administrative cases will not be suspended - in this case there is no talk of amending the Criminal Code and the Code of Administrative Offenses.

Another author of the initiative, Dmitry Vyatkin (“ER”), on behalf of the relevant Committee on State Building and Legislation, said that when finalizing the text for the second reading, several more important points would have to be settled. Take, for example, the question of the arrest of funds mobilized under existing enforcement proceedings: the fact is that the money that they receive for military service after mobilization is already protected from collection by another law adopted earlier, but all other funds in the accounts are still No.

During the discussion, a lot was said about alimony. Aleksey Kurinny (KPRF) asked what “a woman will feed her child” if the court hearing on alimony “hangs”, that is, is suspended. Mr. Vyatkin said that it would be wrong not to suspend such civil proceedings, because if he is mobilized in the zone of a special military operation, he cannot present his arguments to the court, and disputes over alimony cases can be complex, sometimes an examination of paternity is required .

The Family Code, we recall, establishes child support in the amount of 25% of “earnings and (or) other income of parents” if there is one child, 30% if there are two children, and 50% if there are three or more children. The size of the shares may be reduced or increased by the court, taking into account the financial or marital status of the parties and other noteworthy circumstances. Circumstances affecting the outcome are the presence of other minors or adult disabled children, or adult dependents, low income, health status, if it interferes with earning more. Child support for a disabled child may be increased from the normal share. At the same time, Article 108 of the UK allows the court, when considering a civil case on the recovery of alimony, to make a decision on payments even before the end of the process. Will payments under such orders be suspended if the defendant went to the war zone in a different status, and the process itself is temporarily frozen?

“The mobilization call does not suspend a parent's obligation to support their child. Citizens called up for military service receive monetary allowance (salaries, daily allowances, allowances, allowances, sick leave, vacation and other payments), from which alimony is withheld. In this regard, the introduction of a rule on the inadmissibility of suspending enforcement proceedings on alimony obligations seems reasonable and fully consistent with the protection of the rights of children to receive the amounts of maintenance due to them, ”said lawyer Victoria Dergunova to MK. If the court before the final decision decides on the payment of alimony for the period of consideration of the dispute, then “for such a court ruling, a writ of execution is also issued, which the interested party (collector) can present to the bailiff service, after which enforcement proceedings will be initiated, and on it will also be covered by the rule proposed in the bill if it becomes law,” she explained. That is, alimony will be collected. When the mobilized or serviceman returns, the court will resume and make a final decision, “the recoverer will have to receive a new writ of execution against him and file an application to initiate new enforcement proceedings,” Ms. Dergunova specified.

“We are well aware that the payment of alimony often determines how the children and mothers who stay with them will live. We will analyze all the casuistry, including alimony payments, when preparing the bill for the second reading,” Mr. Vyatkin said in a conversation with MK.

Deputies from the "SR" and the Liberal Democratic Party, however, propose to resolve the issue of the debts of the mobilized more radically. Oleg Nilov (“SR”) said that the state should take upon itself the payment of all obligations sent to fight in general - otherwise those to whom the money is due may be left with nothing at all, “if the defendant, God forbid, dies or is seriously injured” . And Evgeny Markov (LDPR) said that the state should take upon itself at least the payment of all alimony for those mobilized. “It must be understood that many of those called up as part of the mobilization have not one family, but two, and sometimes even three. This must be taken into account. I'm just afraid that today's decision may lead to a situation where the soldiers we sent to protect our state interests will actually work only for alimony,” he said. Mr. Vyatkin, in response, recalled that the obligations to compensate for damages are personal in nature, “it would be tempting, of course, to say that now the state will pay for everything, but nothing is known about the amount that will be required for this, and I think there is not enough money in the budget.” By the way, on the same day, the State Duma adopted in the third reading the law on the budget for 2023-25 ​​- a deficit one.

There is one more issue that will certainly be discussed when finalizing the text of the bill. Although the writs of execution on credit debts of those mobilized seem to have been suspended by a law already adopted, but commercial banks are beginning to collect this money from families, such facts are known. Mr. Vyatkin acknowledged that there was a problem. The fact is that sometimes liability for loans is joint and several, and if the borrower was not only mobilized, but also other citizens, and not necessarily members of his family, they begin to demand the full amount of the debt from them ...

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KPRF LDPR Army Ministry of Emergency Situations Police FSB Russia

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If alimony debts have accumulated.

..

Salnikova Veronika

Lawyer, partner of Yakovlev & Partners

June 16, 2021

Tips

Pay attention to the date of publication of the material: the information may be out of date due to changes in legislation or law enforcement practice.

How to collect them, what threatens the parent-debtor and in what case will he be released from liability?

Through which court to collect alimony from a father with many children?

“In 2018, the Magistrate's Court ruled to collect alimony from her husband for the maintenance of two minor children. In 2020, we had twins. Currently, the marriage is not dissolved. Tell me where to apply (to the world or district court) and how to file an application to collect alimony for twins?

Alimony (funds for the maintenance of minor children) can be collected through the court in the order of writ or action proceedings. Writ proceedings are a simplified procedure for collecting alimony in the Magistrate's Court. When filing an application, the court issues a court order without summoning the plaintiff and the defendant. Claim proceedings are carried out in the district court with the summons of the parties.

As a general rule, if the parent-debtor already pays child support, then they should be collected on other children through the district court. The mother of twins needs to apply to the district court at her place of residence or the defendant.

You can file a claim with an attorney. In addition, sample applications are often placed in courts. You can use this sample, detailing your situation and attaching supporting documents.

(Answers to other questions of alimony recipients and their payers can be found in the articles "About child support - in detail", "About the payment of alimony - on real examples", "Cross-border alimony").

What threatens a parent for non-payment of alimony?

For late payment or non-payment of alimony in full, the debtor parent may be held liable - administrative (Article 5. 35.1 of the Code of Administrative Offenses of the Russian Federation) or criminal (Article 157 of the Criminal Code of the Russian Federation).

Bailiffs bring to administrative responsibility negligent parents. This is possible in the event of non-payment without good reason of funds for the maintenance of children according to a judicial act, a court order or an agreement on the payment of alimony. The court already attracts criminal liability for malicious evasion from the fulfillment of maintenance obligations of parents.

On April 27, 2021, the Plenum of the Supreme Court of the Russian Federation approved a resolution stating that “violation of a judicial act or agreement on the payment of alimony should be understood as non-payment of alimony in the amount, on time and in the manner established by this decision or agreement.” Partial payment of alimony cannot exclude the application of liability measures (read about this also in the news “The Plenum of the Supreme Court clarified the nuances of administrative responsibility for non-payment of alimony”) .

In which case will the debtor parent be released from liability despite the child support debt?

If the parent-debtor has good reasons for which he cannot pay child support in the prescribed amount, he has the right to go to court and ask to change the procedure for collection. In the presence of such reasons, the debtor may be released from liability.

Valid reasons may be recognized such circumstances in which non-payment of alimony occurred regardless of the will of their payer: his illness (incapacity for work), his military service on conscription, force majeure circumstances, the fault of other persons, for example, non-payment of wages by the employer, delay or incorrect transfer bank of funds to the recipient of alimony.

The list of reasons that may be recognized as valid for exemption from liability is not exhaustive. In all cases, the judge must assess whether specific circumstances can be attributed to the number of good reasons for non-payment of alimony.

How do bailiffs force persistent non-payers to fulfill maintenance obligations?

If the parent does not just evade the payment of alimony, but hides and prevents their collection, i.e. becomes a malicious defaulter, the bailiffs start the procedure for searching for the debtor. But they can do this only if there is a statement from the alimony claimant. During the search, bailiffs try to locate the debtor and his property in order to bring him to justice and force him to fulfill maintenance obligations. How do they do it?

Bailiffs are endowed with special powers. They have the right: