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A parent who willfully fails to provide for his child may be charged with a misdemeanor in terms of PC 270. Other available enforcement actions include citations for contempt of court, as well as collection proceedings. Interest on support arrears is the statutory rate of 10%. Interest significantly increases arrears over time, especially if the arrears accumulate throughout the duration of the minority of the child. The Department of Child Support Services plays a role in collections and enforcement of support obligations. 

spousal support

On separation, the spouse with the higher income may have to support the other spouse.  This is called spousal support in California, and is often referred to as "alimony”.

 calculating spousal support

Most courts allow the calculation of temporary spousal support by computer programs, but a court pursuant to FC 4320 should determine permanent spousal support.  The Family Code lists many criteria courts should consider in making a permanent support order. These include the marketable skills of the supported party, needs of the supported party based upon the standard of living of the parties during the marriage, the duration of the marriage, the health, and age of the parties.

 period of spousal support

The general rule in California is that spousal support should be paid for half the period of the marriage. This is a rule of thumb, and should not be applied rigidly. Marriages that may be construed as long-term marriages, are specifically excluded from this general rule (FC 4336--the 'ten-year rule').

 tax aspects and family support

Receiving support on a monthly basis after the marriage has ended also has numerous tax implications.  It is important that you discuss this with an attorney, who will discuss the option that you have with you. Spousal support is usually taxable and deductible.  This is also true of Family Support. Child support on the other hand is neither taxable nor deductible.

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This site is a communication in terms of Rule of Professional Conduct 1-400. The information in this family law site is not meant to constitute legal advice, and nothing in this site constitutes a guarantee, warranty, or prediction regarding the outcome of any legal matter. Advertising in this site is limited to California.  All photos and graphics are for artistic purposes only, and none of the images are those of staff or clients unless otherwise stated.

caregiver costs

The amount of child support can be increased significantly by the cost of child (day) care costs, related to employment, education or training for employment.

The default allocation of the cost of childcare, is to attribute half of the cost of the child care to the parent paying support. However, a case has held that a trial court has discretion in allocating these costs.

For example the court might allocate a greater portion of daycare costs to an employed parent, than to a disabled parent.

Parties typically share equally the cost of reasonable uninsured health care expenses.  This will include the cost of co-payments, and procedures which health, dental or vision insurance does not cover.  Note the use of the word "reasonable”.  A court may conceivably find that not all uninsured medical expenses are reasonable.

introduction to support

This child, spousal and parental (yes, parental) support page is about the duty to pay support for a parent, child, or spouse, and how support is calculated in the State of California.  Support may be garnished from wages, and ordered payable to a county officer.  Child support is paid for the support of a biological or adopted child, while spousal support, is paid to a spouse, or former spouse.  Parental support is a duty adult children may have, to the extent of their ability, to support a parent who is unable to support himself or herself through work. 

child support

Both parents have the duty to support their children until they reach majority, or in some cases until the age of nineteen. A statewide guideline in terms of which child support is calculated is codified in Family Code Section 4055.  Various computer programs are available, which perform the formula.

 calculating child support

To a large extent, support depends on the net monthly disposable income of the higher earner, the time that the children spend with the higher earner, and the number of children involved. The determination of child support in the State of California is done pursuant to a state wide uniform guideline, which is codified in FC 4055. Calculating support manually is time consuming, and courts typically use a program known as SupporTax or Dissomaster.  The Family Code provides a presumption that the results obtained by using the formula are correct.

 garnishment and sanctions for failure to pay child support

In terms of California laws, based upon Federal Guidlines, the court shall issue a wage assignment order. Once served, the employer is obliged to garmish the wages of his or her employee, and pays this sum of support to the obligee, and in some cases to a county officer who will forward the sum to the other parent.