California’s Court Ordered Child Support Law
A divorce or legal separation can be a very difficult process, especially when it involves minor children. As a parent, you can rest assured that state law will ensure the interests of your child are protected.
The California Family Code §3900 codifies a parent’s obligation to the support of their underage children, in a manner that is suitable to the minor’s circumstances. Every parent has an obligation to support the minor child, regardless of the parent’s marital status.
When facing a marital divorce or custody dispute, being informed of the state laws regarding child support can help you protect your interests and those of your child.
The Parental Duty to Support Minor Children
In California, both parents have a duty to support their child until the child reaches the age of 18, and has graduated from high school; or turns 19 years old, whichever occurs first; marries; dies; or is legally free in some way, such as joining the military.
When determining the amount of monetary support for the underage child, the family court will apply a mandatory state-wide formula, known as the Statewide Uniform Guideline.
In summary, the Statewide Uniform Guideline states that:
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A father and mother’s first and most important responsibility is to support their child.
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This responsibility is mutual, but it is based on their individual ability to do so, and what is consistent with the best interests of the child.
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The child should share the living standards of each parent.
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Child support reduces the disparities between the parents’ standards of living.
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It is assumed that the parent with primary custody is already making a significant contribution for the child.
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The Statewide Uniform Guideline intends to encourage a fair and systemic settlement of conflict between the parents and to undermine the need for litigation.
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A child support order ensures children receive adequate and timely monetary support that is reflective of California’s high standard of living as well as the high costs associated with raising a child, when compared to most states.
In spite of the court’s efforts to undermine the need for litigation, substantial litigation can often be required regarding the income each parent has available.
Obtain the Legal Support of a Knowledgeable Family Law Attorney
When going through a divorce, or a custody dispute, a family law court has the authority to make temporary child support orders during the proceedings. It is important to know that family law courts can separate the issue of child support from other matters, including the divorce.
Child support can be a challenging process. To ensure you do not fall victim to an unfair child support order, seek the legal support of a proficient team who will use all available discovery to obtain an accurate representation of the other parent’s assets and income.
The family law attorneys at the Knez Law Group are exceptionally versed in child support cases. The firm understands the critical and contentious issues that arise in most child support cases, and they work carefully and tactfully to ensure your rights and those of your child are being represented fairly. If you are facing a difficult child support dispute, consider contacting the legal support of the Knez Law Group. Schedule your free consultation by calling (951) 742-7681 today.
Andrew J. Knez earned his Bachelor of Arts degrees in Political Science and Criminal Justice from California State University, Fullerton. During his college years, he was a member of the Pi Kappa Phi Fraternity and interned at the College Legal Clinic, where he assisted underprivileged communities in obtaining affordable legal services. Mr. Knez credits this experience with fostering his appreciation for the law and its positive impact on society. Additionally, during college, Mr. Knez worked as a paralegal, gaining hands-on experience in civil litigation. Learn more here.