Q. Who is responsible to pay child support in California?

A.  As used in the California Family Code, "child support" is an obligation owing on behalf of a child or an amount owing to a county for reimbursement of public assistance paid on behalf of a child. The concept also includes past due support and arrears, and includes maintenance and education. Parents have an equal responsibility to support their child in the manner suitable to the child's circumstances.  Family Code section 3900.

Q. Do grandparents owe child support?

A. Grandparents have no legal duty to support grandchildren, except in cases where they have a right to actual physical custody or court ordered visitation.

Q. What if I wasn't married to the Mother?

A. If you are the biological parent or otherwise become the legal parent of a child, you have a duty of support. However, it does need to be established that you are the bio dad or a legal or de facto parent before support can be ordered. In cases involving unmarried parents, this is typically accomplished through a [VDP Voluntary Declaration of Paternity] per FC section 7573. Often the DCSS (Department of Child Support Services) or other LCSA (local child support agency) files a paternity action to establish support for a mother who has requested support enforcement services or is receiving county aid.

If you are never identified as the bio parent for a child, you will not be found to owe support absent due process. However, you if you know are the parent but fail or refuse to support your child, you may have committed a crime.

Q. What if my parental rights have been terminated by the juvenile or family courts?

A. Parents whose parental rights have been terminated by court degree, or whose children have been adopted out, cease to have a support obligation (although they may continue to owe support for prior periods) as to those child after the date of the decree.

Also, there is no support obligation for an emancipated minor child.  But a child who has been emancipated by court order can become unemancipated upon their own application, or upon the county's application, if they are considered indigent and unable to care for themselves.

Q. What if my new spouse owes child support? Is this my responsibility?

A. The community property is liable to pay support debts predating your marriage, but there is a right of reimbursement.  Indeed, the community liable for all separate debts of either spouse. However, there is a specific right of reimbursement in qualifying situation as set forth in FC section 915.

Q. Who enforces child support?

A. A parent can enforce it. A guardian can enforce it. The county on behalf of the child can enforce it, and can enforce it on its own behalf to be reimbursed for monies paid to another on behalf of the child.  

Q. How are out of state child support orders enforced?

A. These are enforced pursuant to the Uniform Interstate Family Support Act. 

Q. What if my parents have been supporting my kids while I was in rehab?

A. You have no obligation to reimburse them absent either (a) an agreement to do so, (b) an existing court order to do so; or (c) the county has provided benefits, in which case the reimbursement is to the county.  FC section 3951.

Likewise, you have no obligation to reimburse the other parent absent one of the above.

Q. Can child support orders be made retroactive in a court proceeding?

A. Except when the county has paid benefits, or possibly where a third party has provided necessaries like food, shelter, or clothing for the benefit of a child living with you under certain circumstances, the earliest a support order can be made effective is the date any initial pleading is filed in a court proceeding.  FC Section 4009.

However, if you were not served with the papers within 90 days of that initial filing, support can only be ordered retroactive to the date a motion seeking support was filed.

Most judges will order support retroactive to the first or the fifteenth day of the month.  This means that if you file for support on April 2nd, your order may only go back to April 15 but if you filed March 27th, your order would become effective on April 1.  You should time your filing to maximize retroactivity.

To the extent your partner has contributed monies to your support voluntarily before the order becomes effective, they will usually receive a credit off-set against the support award for the time period in question (i.e., if support commences April 1, they will not likely receive credits for payments made prior to that time).  These payments do not need to be paid to you directly for the credit to apply, as where a mortgage or rent payment is made.

Q. How long does child support last?