Kirk & Simas -- A Professional Law Corporation
 
     
 
 

 

 Go to Family Law Department home page.

 
 

Dissolution

Children

Property Division

Support

KIRK & SIMAS Home

 
•  CHILD SUPPORT FAQS  • 

 
Click on any of the Frequently Asked Questions listed below for a link to the answer.
 
   1.    What is child support?
 
 
 
 
•  CHILD SUPPORT ANSWERS  • 

 
  1.       What is child support?    Child support is a periodic payment made, typically by a non-custodial parent to a custodial parent to help defray a child's living expenses; such as food, clothing, shelter, etc., and any other related expenses. Since supporting the child is both parents' legal responsibility, the obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.
 
            The obligation to support minor children is a right enjoyed by the child, not the parent and therefore it cannot be waived by either parent. The State of California has guidelines that calculate the amount of child support based upon the amount of time spent with the child, both parents' incomes, and the standard of living the child is accustomed to. The Court may also consider deduction items such as catastrophic medical expenses and travel expenses for visitation.  (Click to return to Child Support Question #1.)
 
   2.    How can I get help with child support issues?  In California, the Department of Child Support Services ("DCSS") pursues paternity establishment and child support collection in two situations:
 
            a.    When someone is receiving public assistance or if children are put in state custody, then DCSS receives the case automatically. And,
 
            b.    When someone applies for services because they need help obtaining or updating an order and collecting child support.   NOTE: The DCSS cannot and will not get involved in custody and visitation issues. To have these issues addressed, you must hire a private attorney or represent yourself in a court proceeding.  (Click to return to Child Support Question #2.)
 
   3.    What about custody and visitation?   Custody and visitation issues should be addressed in a court order. This must be done even if paternity was established by a Declaration of Paternity. Both parents have the right to ask the court for custody and visitation. If parents cannot agree on custody and visitation, the court will decide these issues for them. The law does not permit the DCSS to use child support funding for purposes of establishing or enforcing custody and visitation issues.   (Click to return to Child Support Question #3.)
 
LINKS TO:
                    Go to Family Law Department FAQ List.                              Go to Family Law Department Questionnaires page.             Go to Family Law Department Resources page.                   Go to Family Law Department Attorneys & Staff page.
          Family Law Department FAQ List         Questionnaires          Resource List            Attorneys & Staff
 
Contact KIRK & SIMAS with your family law questions or schedule a consultation today.
                    (Click here to send an e-mail)Send an e-mail to KIRK & SIMAS Family Law Department. or  (Click here to go to our Contact Us page) Go to our Contact Us page.