Child Support is defined as a support obligation owing on behalf of a child, or an amount owing to a county for reimbursement of public assistance paid on behalf of a child pursuant to Family Code §17402. It applies to current, future, and past support and includes “maintenance and education.” Support may be applied retroactively and may be due and owed at the time the order is issued.
How the Court Determines Amount
Child support is normally determined by California Uniform Child Support Guidelines. Generally, the court does not have discretion to veer away from these calculations. However, in some special circumstances, the court may alternate the guideline amount. Family code §4053 states that the court shall adhere to the principles that (1) a parent’s first and principal obligation is to support his or her minor children according to the parent’s circumstances and station in life, and (2) both parents are mutually responsible for the support of their children.
Child Support is separate and distinct from Spousal Support. It is important to contact an experienced California Family Law Attorney in order to determine if your child is receiving the proper amount of support, if spousal support is required, and how it will be impacted by the amount of guideline child support. There are specially designed computer programs that will help you determine these amounts. It is also important to talk to an experienced family lawyer regarding presumptive support where paternity and maternity is an issue.
The Law Offices of Debra J. Rice, APC is dedicated to helping parents obtain, modify, and enforce child support orders in order to fulfill the best interests of their children. The Law Offices of Debra J. Rice has over 19 years of practice in the area of family law and child custody matters. We serve all of Riverside, Orange, San Bernardino, and Los Angeles counties. Please contact us for a free consultation.
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