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The topic of child support is shrouded in many assumptions that can lead to confusion for parents. What does child support cover in California? Who is required to pay for it? What responsibilities does each parent carry? If you are struggling to find the answers to your child support questions, you are not alone.
In broad terms, an order of child support is issued to ensure that a child or children are financially taken care of, regardless of whom they live with. Both parents are legally responsible for the expenses necessary to raise their child. California law explains that a child should be afforded the same standard of living as both of their parents. The state’s Child Support Agency helps ensure this standard by managing child support orders for minors living in California.
When spelling out what child support covers, the state generally considers the following expenses:
No specific details are outlined for child support use within the above categories. Child support funds may be used as needed to maintain a reasonable living standard for the child.
Child support covers only the living expenses for minor children – any person under 18 or a maximum of 19 if they have not graduated from high school. If a person under this age gets married, is emancipated, or enters the military, child support payments should not cover their expenses and should be terminated.
Though the question of what child support covers or does not cover in California can be a point of contention for parents, there are other aspects of child support that may lead to other unanswered questions. Some of those include:
A child support petition may be initiated by either of the two parties within their county’s family court system. Child support cases are also opened when a parent or guardian requests welfare benefits for a child. Moreover, a judge may issue a child support order during divorce proceedings. It is important to have a child support attorney by your side to advocate for both you and your child’s interests in any of these situations.
The amount of child support can be agreed upon by both parents. During the child support process, this is called a “stipulated agreement.” Coming to an agreement on your own can save time, but having an attorney ensure that your rights and that of your children are protected is recommended.
If an agreement cannot be reached between the parents, or if it is not feasible for an agreement to be reached for reasons such as abuse or domestic violence, a family court judge may determine the amount of child support owed. Child support may be based on both parent’s incomes, where the child intends to spend the most time, and if there are any other children in the household, among other factors.
Though it may seem obvious that child support should cover the life expenses of a child, there is often confusion about the specifics of what these expenses constitute. Expenses like rent, food, education, health care, and clothing may be straightforward. Other items, such as a child’s extracurricular activities, may be confusing. Getting the guidance of a skilled and knowledgeable child support attorney can help clarify many of your concerns.
An experienced child support attorney can help you understand the financial obligations of both you and your spouse to your child. They can help draft an enforceable agreement that will cover your and your child’s needs and give you peace of mind for your future. This agreement can ensure how the payments are to be made and received.
A: There are no specific guidelines on what child support does not cover in California. The law sets the expectation that a child’s living expenses, including housing, medical, and education, are the responsibilities of both parents. Child support should be used to cover these expenses. Speak with an experienced child support attorney if you suspect child support money is being misused or you need to readdress your current child custody agreement because of a change in circumstance.
A: Child support payments may be used to cover extracurricular activities in California. Since the money received by a parent through child support is used to cover the child’s living, medical, education, and transportation expenses, among other necessities, it may be reasonable that a parent uses the payments towards extracurricular activities.
A: Child support in California is based on a complex formula that takes into consideration factors, including both parents’ income, the time each parent plans to spend with the child, their household and tax information, and any health insurance or educational expenses they already cover for the child. The final payment can also be influenced by what each parent pays to support a former spouse or children from other relationships.
A: Child support in California ends when the child turns 18 years old or when they graduate from high school at the age of 19. Child support payments should not be issued for children who are under 18 and are married, have been emancipated, or have entered the military. A recipient parent should inform California’s Child Support Agency if a child is no longer eligible for child support.
Every family is unique, and at All American Law, our seasoned attorneys are ready to listen. We have had the opportunity to serve many families just like yours. We work with compassion to understand your specific needs and can advocate for you and your children in all matters of child support. Schedule a consultation to learn more about how we can help.