Either parent can file a complaint with the court asking for child support. In public assistance cases, our office will automatically file the complaint and the court order will be made payable to the county (to reimburse the public assistance benefits paid to the custodial parent).
A child support order is established based on both parents ability to pay support, the amount of time each parent spends with the child(ren), and the financial needs of the child(ren). Our office and the court will establish the amount of child support by following the child support guidelines established in California Family Code Section 4055. This state law provides a standard formula for determining child support, although the court has the authority to change the amount under specific circumstances.
The flowchart below show how the court process works to obtain new or modify existing orders. Click on the underlined topics for more information.
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