How Do I Get Child Support in California?

Under California law (CA Family Code § 3900 et seq.), a parent's primary responsibility is the care and support of their minor children. Parents have a mutual obligation to support their children throughout their lives, according to each parent's income and ability to pay. Child support payments should minimize income disparities between the parental homes to ensure an improved standard of living for the child.

The California Department of Child Support Services handles all child support cases. Whether a parent has an existing court order that needs enforcing or needs a new support order, all cases begin by opening a case with DCSS.

If you have a child support issue, contact a family law attorney immediately.

Steps to California Child Support

DCSS is not a legal aid agency. Families going through divorce or separation should contact a family law attorney. DCSS will help parents and legal guardians find absent parents, get court orders for child support, and help with enforcement.

1. Open a Case

If you have a support order already, DCSS begins trying to enforce the order. If not, DCSS can walk you through the next steps to get an order. To enroll with DCSS, visit the enrollment website. The state office refers your case to a local child support agency.

2. Find the Parents

Both parents must pay child support. California will not end parental rights to end support obligations. Even when courts terminate rights, parents still owe arrears on existing support. DCSS needs all available information on the parents, including birth date, Social Security number, phone number, and contact information.

3. Summons and Complaint

Once DCSS locates the absent parents, the agency will send a summons and complaint on behalf of the requesting party. The responding party must reply within 30 days of receipt. The court needs the respondent's financial information and personal circumstances to calculate the amount of child support due. The judge will use standard California child support guidelines if the party does not respond.

4. Establish Paternity

Establishing paternity is a separate step only done when the responding party requests it in their answer. DCSS will perform a DNA test if requested. In California, a DNA test or proof of marriage at the time of the child's birth is presumptive proof of parentage.

5. Stipulated Agreement or Court Order

California courts use two methods of writing a child support order.

• In a stipulated agreement, parents and a DCSS case worker or mediator meet to devise a payment amount that both parents agree with. The parents sign the agreement, and the judge incorporates it into the official court order. Not all agencies offer this service.
• If the parents cannot agree or the jurisdiction does not have a stipulation process, the judge sets the support amount according to California guidelines.

In both cases, judges and case workers consider what the parents can provide beyond monetary payments. For instance, if one parent can put the child on their workplace health insurance policy, it becomes part of the support guideline calculator.

The purpose of the agreement is a support payment the payor parent can afford, improving the child's living standard.

6. Making Payments

Federal law, not state law, mandates employers withhold support payments from employees' paychecks. All payments go to the State Disbursement Unit (SDU) which sends them to the recipient parent. The SDU records all payments and receipts in case of disputes.

7. Enforcement and Modification

A child support order is a legal court order. Penalties for failing to comply are steep. Enforcement actions can include:

• Suspension or revocation of driver's licenses, professional and business licenses
• Suspension of passport
• Property liens
• Confiscation of tax refunds or lottery winnings
• Civil contempt charges

If the payor parent cannot make the ordered payments, California court procedure allows modifications for good cause. The family law facilitator handling your case can help with the forms or reopening your case if DCSS closed it. Reasons for requesting a modification can include:

• A significant change in your work hours (from full-time to part-time or vice versa)
• A change in income for some other reason (such as health care costs or child care expenses)
• Incarceration for more than 180 days

A payor parent must immediately notify the court about the need for modification. Don't stop payment or try to work things out with the other parent. The SDU keeps track of all payments, so any missed payments become part of that record, even if you made other arrangements.

Related Resources

• Are You Eligible for Child Support?
• What Does Child Support Cover?
• Child Support by Agreement
• California Child Support Calculations

Get Legal Advice From a California Family Law Attorney

Child support laws exist for the benefit of the child involved. When you have child support payment issues, California can help you. You still need the services of a California family law attorney to protect your rights and those of your child.