Family Law Specialist Debra R. Schoenberg answers your most pressing divorce-related questions.
1. If I Have Joint Custody, Do I Still Have to Pay Child Support?
The short answer is yes. You can still be required to pay child support if you and your ex share custody of your child. But knowing a few basics is important to understand how the court assesses this.
In California child custody cases, the court must prioritize the “best interests of the child.” The judge will evaluate various factors that affect your child’s safety, health, security, stability, and emotional well-being. Except in rare cases, such as when there are serious concerns about the child’s safety, the court assumes it is in the child’s best interests to have ongoing contact and a meaningful relationship with both parents—this means that, in general, some form of shared custody is preferred. But there are many possible arrangements, and time might not be split 50/50 between co-parents. The court will also try to maintain as much consistency as possible for the child, including preserving a stable standard of living.
Child support is a separate but related issue. It’s calculated based on a formula that considers several factors, custody being one of them:
The number of children
- Each parent’s income
- Health insurance, childcare costs, and expenses related to a child’s special needs
- The percentage of time the child spends with each parent
This calculation is not always straightforward, especially with complex or fluctuating income streams. Every case is different and requires a detailed, personalized approach.
2. How much child support can I expect to receive/pay?
In California, both parents are responsible for contributing financially to their child’s upbringing. Your child support calculation will depend on your family’s circumstances vis-à-vis the above factors.
Generally, the larger the gap between the parents’ incomes, and/or the smaller the percentage of time the child spends with the higher-earning parent, the more that parent will be expected to pay. In other words, a higher-earning non-custodial parent will typically be expected to pay child support to a lower-earning custodial parent. But again, each case is unique.
The State provides an online child support calculator, but it can only give an estimate and does not guarantee the amount you will receive. It’s essential to work with a knowledgeable family attorney.
3. Do I have to pay child support if I have no visitation rights?
To serve children’s best interests in a divorce, California courts emphasize the importance of both parents staying actively involved in their kids’ lives. But in unusual cases—such as when there is a risk to the child’s physical or emotional health due to a history of abuse, severe neglect, drug or alcohol problems, or unmanaged mental illness—the court may deny a parent’s visitation rights. This can be very difficult and painful.
Nevertheless, court orders regarding child custody, visitation, and child support are legally binding. Both parents must abide by them.
Child support and visitation rights are separate matters and not linked. You must pay your court-ordered child support irrespective of the visitation arrangements. Paying support does not grant you visitation rights, and you cannot withhold support because you’re denied visitation. However, the reverse is also true: the other parent cannot deny your visitation rights due to unpaid support. (There are legal avenues to pursuing payment from a parent not following a court order.)
If you’re experiencing problems related to visitation and/or child support payments, speak with your attorney.
4. Can child support be changed? How do I request a child support modification?
Life keeps moving forward, and things change— jobs, finances, and children’s needs. It’s not uncommon to renegotiate child support. In California, either co-parent can request a change (increase or decrease) after every three years. Plus, there are provisions for requesting a modification at any time if you can prove there has been a “significant change in circumstances,” such as in:
- Employment or other source of income
- Custody or visitation arrangements
- Family size
- Cost of living (such as a significant rent hike)
- Necessary expenses related to the child’s needs
- A new disability or illness
- Military service or Incarceration
When petitioning the court for a child support modification, you must fill out form FL-300, and provide documentation of the change in circumstances. Or, if you and your co-parent can agree on a change in child support, you can submit a “Stipulated Agreement” for the judge to sign. It’s wise to work with your family attorney on this.
4. How do I get child support if I don’t know where the other parent lives?
Child support can be enforced throughout the U.S. and in many foreign countries. If you have an order, even if your ex moves away, they must continue paying child support.
However, both parents’ locations must be known to begin a child support case. In some cases, a child’s noncustodial parent must be located before the custodial parent can file a request for child support and/or enforce the order.
Your state and local child support agencies can help you find the other parent. They can access extensive databases through the e- State Parent Locator Service (SPLS) and the Federal Parent Locator Service (FPLS).
To facilitate the process, you’ll need to provide as much documentation as possible. Gather all identifying information you can access, such as your date of birth, social security number, previous address or P.O. box number, address of any past employers, and contact information for family and friends.
It’s important to know, too, that parentage must be established before pursuing a child support order. You can prove parentage by documenting that the parents were legally married at the time of the child’s birth, or through DNA testing (over 99% accurate).
At SFLG, our veteran team of family law attorneys can help you navigate your child support orders and all divorce-related legal matters. We’re dedicated to superior client service, based on trust and open communication. We’ll ensure you have the information you need to feel calm and confident as you go through the dissolution process and make crucial decisions about your family’s future.
