Understanding a child support order in California is crucial for any parent navigating the family court system. The state imposes clear legal duties on both parents to provide financial support for their child, whether or not they were ever married. In California, child support orders are managed by a judicial officer and enforced through the local child support agency (LCSA) or Department of Child Support Services (DCSS). Whether you're initiating a child support case, modifying one, or exploring how to stop or appeal an existing order, this guide will walk you through the process.
What Is a Child Support Order in California?
A child support order is a legal directive from a California court that outlines how much money one parent must pay to the other for the care and upbringing of their child. These payments cover necessities such as housing, food, clothing, medical care, and educational expenses.
- Issued by a judicial officer (judge or commissioner)
- Can be created as part of a divorce, legal separation, or parentage case
- Managed by the local child support agency or via private family law attorneys
Support orders typically include not just the base amount of child support but may also include medical support, childcare, and payment for health insurance.
How Is the Amount of Child Support Determined?
California uses a child support calculator that is based on a guideline formula outlined in the California Family Code. Key factors include:
- Each parent's income
- Number of children
- Time each parent spends with the child (custody)
- Health insurance costs
- Mandatory retirement contributions
- Union dues
- Childcare and uninsured medical costs
The result is a fair and standardized child support amount across the state, which can only be deviated from under special circumstances. This ensures consistency regardless of which court issues the order.
How to Open a Child Support Case in California
There are two primary ways to open a child support case:
- Through the Local Child Support Agency (LCSA):
- Anyone (parent, guardian, or caretaker) can apply
- Automatic if the child receives public assistance (CalWORKs, Medi-Cal)
- Managed through California Child Support Services (DCSS): childsupport.ca.gov
- Through the Family Court:
- Part of a divorce, custody, or parentage case
- Requires filing appropriate court forms (e.g., FL-300, FL-150)
- You may request help from a family law facilitator
Once filed, a court hearing will be scheduled where both parties can present their financial information and parenting schedules.
Can I Appeal a Child Support Order in California?
Yes, you can appeal a child support order in California- but there are specific rules and deadlines.
- An appeal must generally be filed within 60 days of the court’s final decision
- Appeals are handled by a higher court and do not allow new evidence
- Only legal errors (not disagreements with the judgment) are considered
If you believe there was a mistake in the application of the law, or if proper procedures weren’t followed, you should consult a family law attorney immediately. The appeal process is complex and usually requires legal expertise.
How Do You Stop Court Ordered Child Support in California?
❌ Stopping child support entirely is rare and must meet certain conditions:
- The child reaches the age of 18 (or 19 if still in high school full-time)
- The child becomes legally emancipated or married
- The paying parent obtains a court order to terminate support due to a change in circumstances
You cannot stop paying without a new court order. Non-payment can lead to serious penalties including:
- Wage garnishments via Income Withholding Order (IWO)
- Driver’s license suspension
- Passport denial
- Tax refund interceptions
If your circumstances have changed significantly—such as job loss or disability—you may request to modify the child support order instead of trying to stop it.
How to Modify a Child Support Order
Child support orders can be modified at any time if there is a "change in circumstances." Common reasons include:
- Change in income
- Change in custody arrangements
- Incarceration
- New family responsibilities
To modify an order:
- Fill out and file a Request for Order (Form FL-300)
- Provide updated financial documents (e.g., FL-150)
- Attend a court hearing or work with the LCSA
You can use the online child support calculator to estimate what your new payment might be before filing.
What Happens If I Don’t Pay Child Support?
Non-compliance with a California child support order triggers strict enforcement measures:
- Income withholding orders (IWOs) through employers
- Suspension of driver's and professional licenses via the State Licensing Match System (SLMS)
- Property liens
- Negative impact on credit score
- Contempt of court charges, which could result in jail time
Payments are processed by the State Disbursement Unit (SDU) and records are maintained for all transactions. Even partial or late payments are better than none and can help mitigate penalties.
Role of the Department of Child Support Services (DCSS)
The DCSS is a government agency that works with the courts to establish, enforce, and collect child support. Their services are free to the public and include:
- Locating the non-custodial parent
- Establishing parentage
- Filing and modifying support orders
- Enforcing payments and medical support
- Providing interpreters and help with court forms
Every county has its own Local Child Support Agency (LCSA) office, and services can also be accessed online through the California Child Support Services portal.
Common FAQs About Child Support in California
You can still get a child support order. The court may first require parentage to be established (through a voluntary declaration or DNA test).
Yes. Most court orders include medical support as part of the child support obligation. If available through work, the parent must enroll the child.
No. Unless the court order says so, payments must go through the State Disbursement Unit. This ensures a legal record of payments.
California can still enforce the child support order under the Uniform Interstate Family Support Act (UIFSA). Wage garnishment and other enforcement tools still apply.
Yes, but it's highly recommended to get assistance. Family law facilitators offer free help, and many counties offer self-help centers.
How to Prepare for Your Court Hearing
If you're requesting, modifying, or disputing child support, your court hearing is crucial. Here’s how to prepare:
- Bring income proof: pay stubs, tax returns, self-employment records
- Know your custody schedule
- Complete and bring all required court forms
- Use the California child support calculator to estimate payments
- Arrive early and dress appropriately
- Request a court interpreter if needed
Your Rights and Responsibilities
Understanding your rights and obligations under a California child support order can help you navigate the legal system more confidently. Whether you're trying to start, stop, modify, or appeal a court-ordered child support arrangement, the law provides structured steps and public services to assist you.
Stay informed, keep records, and when in doubt- consult with your local child support agency, family law facilitator, or a qualified attorney to ensure you’re meeting your legal obligations while protecting your interests.