Under the California law, both parents are mutually responsible for the support of their children according to the parents circumstances and station in life. [Fam.C. 3900; 4053(a) and (b)]. In order to get a child support order in California, you must first start a court case. In a situation where a parent willfully fails to pay statutory child support obligations, the other parent, the child, or a guardian ad litem may bring a civil action against the parent to enforce the obligation.
However, more commonly, child support is ordered incident to an action for dissolution (divorce); legal separation; nullity proceedings; parentage proceedings; or proceedings under the Domestic Violence Prevention Act. In any of the proceedings mentioned above where the support of children is at issue, the court may order either or both parents to pay an amount necessary for the support of the child and the amount of the support must always be computed in accordance with the state wide uniform child support guidelines. [Fam.C. 4001 and 4050]. Child support orders may be made shortly after the filing of the court case at a hearing and may be modified later on.
Entered by: Matin Vassel, Esq.
If you have any questions regarding your divorce and/or child support, please contact the Law Offices of Nezam & Associate, your Los Angeles divorce attorneys.