| Child Support OverviewIn 1999, over $14
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| | making a child support order, to order
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| billion was owed to California's
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| | either or both parents to maintain health
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| children. 35% of single parent families
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| | insurance for the minor children if it is
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| had income below the poverty line.
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| | available at no cost or at a reasonable
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| Statistics show that payment of child
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| | cost.How do I get child support
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| support reduces poverty and corresponds
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| | order?Once a petition in a dissolution
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| to greater involvement by the
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| | (divorce) has been filed a parent may
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| non-custodial parent in the children's
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| | request that the Court order temporary
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| lives.Do I have to pay child
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| | child support for children born during
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| support?Child Support must be paid by a
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| | the marriage. Where the parents are not
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| non-custodial parent until the child
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| | married, before the Court can order
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| marries, dies, is emancipated, turns 18
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| | support, paternity must be established.
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| and is not a full time high school
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| | Since January 1, 1995, all hospitals have
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| student, or turns 19 if they are a full
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| | been required to provide unmarried
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| time high school student, whichever
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| | parents with the opportunity to
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| occurs first. An adult child who is
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| | voluntarily acknowledge paternity by
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| disabled and unable to earn a living has
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| | signing a Voluntary Declaration of
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| an ongoing right to support.How much
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| | Paternity. If this is signed and not
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| child support should I pay or receive?In
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| | rescinded within 60 days it has the same
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| California, the courts use a complex
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| | effect as a paternity judgment and can
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| mathematical formula to calculate child
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| | provide the basis for custody, visitation
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| support that is based on a number of
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| | or support. Even if it has not been
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| factors such as the gross income of each
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| | challenged a motion for genetic testing
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| parent, the percentage of time each
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| | may still be brought within two years of
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| parent spends with each child, available
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| | the child's birth challenging the
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| tax deductions, child care costs, tax
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| | Voluntary Declaration of Paternity.Once
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| status of each parent and so on. This
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| | I've gotten a child support order how do
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| amount is often referred to as the
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| | I enforce it?In California, every time
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| "guideline" child support amount. Because
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| | the Court makes a child support Order it
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| of the complexity of calculating the
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| | must issue a Wage Assignment Order that
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| "guideline" amount, the Court uses a
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| | directs the payor's employer to deduct
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| software program called "Dissomaster."
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| | the amount of child support from wages
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| Most attorneys use this program and will
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| | and pay it directly to the payee parent.
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| be able to perform child support
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| | The wage assignment can be stayed by
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| calculations. The Dissomaster software
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| | written agreement of the parties.Can I
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| can be found at Any child support order
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| | get help from the County to collect child
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| must specify the amount of child support
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| | support?Parents can retain a private
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| and when it is to be paid. Couples often
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| | attorney to establish and collect support
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| agree to monthly payments in two
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| | or employ the services of the Department
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| installments to coincide with the payor's
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| | of Child Support Services (DCSS).
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| bi-weekly receipt of wages.Do the courts
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| | Unfortunately, Los Angeles County has one
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| ever deviate from the standard formula
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| | of the poorest child collection records
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| for child support?The Court may depart
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| | in the state and fares poorly when
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| from the "guideline" amount in a number
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| | compared to national statistics.What
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| of situations set forth in Family Code
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| | other action can I take to collect child
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| section 4057 (b). For example, the parent
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| | support?If you are owed child support
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| ordered to pay child support may have
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| | arrears you may request that Court hold
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| extraordinary high income and the
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| | the payor parent in contempt. If you can
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| guideline amount would exceed the needs
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| | prove that non-payment was knowing and
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| of the children. Another example would be
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| | willful, the payor parent can be fined
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| where the children have special medical
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| | and even jailed.If you are owed child
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| or other needs that require an amount
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| | support arrears you may bring an Order To
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| greater than the guideline.Can I get my
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| | Show Cause requesting that the Court
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| spouse to pay extra for child care and
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| | determine the amount of arrearages. You
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| training expenses?There are a number of
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| | can also petition the Court for a Writ of
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| additional expenses that the
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| | Execution which can be used against bank
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| non-custodial parent may be required to
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| | accounts.Family Code section 4600 also
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| pay in full or in part. Mandatory add-ons
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| | allows the Court to order the payor
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| that the Court is required to order
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| | parent to deposit up to one year's child
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| include child care costs related to a
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| | support payments in an interest bearing
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| parent's employment or training or
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| | account as security. This can be used if
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| education for employment and the
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| | there's been a problem receiving child
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| reasonable uninsured health care costs
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| | support in the past or if the payor is
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| for the children. Discretionary add-ons
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| | self employed.Can I modify a child
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| include costs related to educational or
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| | support order if circumstances change?If
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| other special needs of the children and
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| | you already have a judgment in your case
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| travel expenses for visitation.
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| | you can find out if the payor's income
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| Generally, the Court will allocate
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| | has changed by having them served with a
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| add-ons equally between the parties.
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| | Request for Production of an Income and
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| However, if the paying parent can prove
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| | Expense Declaration After Judgment (form
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| that this would be unfair, Family Code
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| | FL-396) on the other parent, along with
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| section 4061(b) provides a procedure for
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| | an Income and Expense Declaration (form
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| the Court to allocate the payment of
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| | FL-150) which are available from are the
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| add-ons according to the net spendable
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| | tax consequences of paying or receiving
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| income of each party. This most often
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| | child support?Child support is not
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| comes into play where one party is also
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| | taxable income to the parent who receives
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| paying spousal support.Who pays for
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| | it and it cannot be deducted by the
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| health insurance for the kids?Family Code
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| | parent who pays it.
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| section 3751 requires the Court, when
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