What is the court’s role in child support disputes in California?

By |2022-04-06T12:56:43+00:0022 Aug 2014|Categories: Child Support, Custodial Parent, Income|

What is the court’s role in child support disputes in California?

Basically, the amount of a child support award in California depends on the sources of income for both parents, financial needs of the child and other expenses. However, the final decision regarding child support is in the hands of a family law judge or court commissioner.

When you think about the role of a family law judge, you might think that the judge ionly responsible for settling disputeover child custody and family law matters, such adivorce. The family law judge also hathe final authority to make a decision regarding the financial issue of child support. The court hathe right to decide which parent will have primary custody and who will be obligated to make child support paymentand how much that payment will be. In California, the court will set the amount based on the following factor— both parent’incomeand the percentage of time the child will spend with each parent. If both parentspend an equal amount of time with the child, the child support amount will likely be lower.

The court is responsible for modifying an existing child support order. Child support can be either increased or decreased, depending on the financial situation of the child support payer or the needs of the child. Considering that the cost of rearing a child is rapidly increasing, a parent may ask the court for additional support for daycare expenses, medical care and other needs. The court may lower the child support amount based on certain hardships or a change in financial circumstances of the non-custodial parent.

The court may also act on the custodial parent’s behalf in cases of delinquency. If the parent has a child support order, the court may allow the local child support agency to enforce that court order.

Source: ChildSup.Ca.gov, “Child Support Handbook,” Accessed Aug. 14, 2014

Source: ChildSup.Ca.gov, “Child Support Handbook,” Accessed Aug. 14, 2014

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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