What To Know About Child Support In California

How Is Child Support In California Calculated? Child support is generally determined by using statutory formulas that are based on parents' income and other circumstances. But there may be reasons to deviate from the standard child support guidelines. To determine "extra" child support contributions, such as which parent will pay for college tuition or who will pay for braces or summer camp, divorcing or separating parents can negotiate and agree to their own creative solutions.

Child support can also include expenses for the special needs of a child, such as tutors or other services, as well as the transportation costs for visitation of a parent.

Finally, the Court generally orders that both parents keep their child medically insured with medical insurance if it is available at no cost or at reasonable cost to both parents.

How Long Is Child Support Paid? Child Support in California is generally paid until the minor child reaches the age of 18, or age 19 if they are still a full-time high school student at age 18, unless the minor child dies or becomes emanicipated prior to becoming an adult.

What About Childcare Expenses and Unreimbursed Medical Expenses? In addition to the basic monthly child support, the court will generally also order that the parents equally share the costs of childcare expenses necessary for the custodial parent or both parents to work, as well as any medical, dental, and vision expenses for the minor child not covered or reimbursed by medical/dental/vision insurance.

Department of Child Support Services Cases: The County has a Department of Child Support Services (DCSS) governmental agency designed to either establish, enforce, or modify child support orders.

There are 2 types of cases opened by DCSS: Public assistance (i.e. Welfare) and Non-Public Assistance. If you receive public assistance, you have automatically assigned to DCSS or the State of California your right to receive some or all of your current and past-due child support. In other words, you may be receiving Public Assistance but the agency from whom you are receiving such assistance will go after the supporting parent to get reimbursement for such assistance.

For Non-Public Assistance, you can open up a DCSS case to establish a child support order (generally in situations where non-marital parents are involved) or to enforce a child support order made in a divorce or legal separation case. The benefit of opening a DCSS case to enforce a child support order is that DCSS is part of a statewide and sister-state system of support enforcement and DCSS has powers of enforcement that include suspension of the supporting parent’s driver’s license and professional licenses, interception of state income tax refunds, etc., at no cost to you. Although DCSS deals with huge numbers of cases, the circumstances of your case may be such that opening a DCSS case is advisable once your attorney has established a child support order against the other parent.

Is Child Support Tax-Deductible? Child support is generally considered under state and Federal law to NOT be tax-deductible to the spouse who is paying such support, and so the spouse receiving such support does not have to report such support as income on his or her tax returns.

It is important to know that the custodial parent is entitled to claim the tax dependency exemption for children unless waived. Generally, state and Federal law states that the parent who has at least 51% custodial timeshare has the right to claim the minor children as dependency tax exemptions on their income tax returns.

However, that spouse can waive such right and give the noncustodial parent the right to claim the children as exemptions, but it is advisable to have such waiver in written form. In situations where the non-custodial parent earns a much higher-income, giving the child tax exemption to that parent who will benefit much more by such exemptions may be a good faith gesture, but it is advisable to seek more support than what the non-custodial parent would have been liable to pay in exchange.