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Child Support

About Child Support

Child support is the amount of money that a court orders a parent or both parents to pay every month to help pay for their child's living expenses. California state law says that every parent has a duty to financially support his or her child.

Child support may be requested by either parent of a child, or by the person that has legal or physical custody of the child. There are different ways to ask for child support orders, depending on the situation. A parent can ask for child support alone, or as part of another family law court case, for example, a Divorce, or Domestic Violence case. If the parents of the child are not married, paternity (legal fatherhood) must be established before support can be requested.

If one of the parents has been getting public assistance (Temporary Assistance for Needy Families or TANF), or if a private case with the Department of Child Support Services (DCSS) has been opened, DCSS will automatically start a child support case against the other parent.

Child support is for the purpose of providing food, clothing, medical care and ability to get an education.

Who has to pay child support?

Federal and state laws say that both the father and mother of a child are responsible for the support of their children. If the parents are married at the time the child is born or conceived, both are responsible for supporting their child. If the parents are not married, then parentage must be established in order for the child to have a legal father. Because child support depends primarily upon both parties’ income and the percentage of time the child lives with them, either parent might be asked to pay child support to the other. However, the custodial parent is usually the parent that receives child support from the other parent.

Will I still have to pay child support if my parental rights have been terminated?

If your parental rights are terminated, and you owe child support that was ordered before your rights were terminated, you are still required to pay the amount owed.

Note that the court, if requested to do so, may only order a termination of parental rights if someone else is prepared to adopt the child. The court generally will not order a termination of your parental rights if that would leave the child with only one parent responsible for his or her care and support.

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How do I stop a wage garnishment?

You may file a Notice of Motion (form FL-301) requesting the removal of a wage garnishment order. This will schedule a hearing where the issue may be addressed. Please contact the Family Law Facilitator’s office for specific information.

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