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California’s Child Support Services Program works with parents—custodial and noncustodial—and legally acknowledged guardians to ensure children and families receive court-ordered financial and medical support.
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Jul 10, 2015 · Under California law, posthumously conceived children are only considered children of a decedent for inheritance purposes if, prior to the decedent’s death, the decedent specifies in writing that his or her genetic material shall be used for the posthumous conception of a child.
- Important Role of The Income and Expense Declaration
- Retroactivity and How Far Back Does Child Support Go?
- Modification of California Child Support Orders
- How Is Income Determined For Child Support purposes?
- Special Issues in Child Support Cases
No matter the style, the basis for the child support request must be stated and a request must include an income and expense declaration, a critical part of the process. If the declaration is incomplete, it could have a serious impact on the child support request. For example, 1. If the parent that requests child support fails to complete it proper...
What does retroactive child support mean? It means the child support order isn’t just a prospective one (from a present or future date, going forward) but a retroactive one (going backward to start at a previous date). In other words, “retroactive” child support means child support that starts on a past date. Here is how the retroactive child suppo...
We’ve been talking about the initial child support order. What about a modification of it? California child support laws allow such modified orders to go back to the date the modification request for order was filed. California law doesn’t distinguish between who filed the modification request or whether it was to increase or decrease child support...
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Role of new spouse income on California child support
The moment an attorney or judge brings up the subject of the new spouse’s income and its role in California child support, one parent will cry fair and the other parent will cry foul, depending on which parent has the new spouse and the respective income. Here is a common scenario. Let’s say the father pays $2,000.00 per month in child support to the mother. The mother is the custodial parent. The father gets remarried and his new wife makes a decent income. The father’s standard of living ju...
What is deducted from gross income for California child support purposes?
Figuring out gross income isn’t the end of the California child support process. Next come certain deductions. Let’s look at Family Code 4059 and take it in order. This isn’t a word for word account of this code section. The details are in the code. Deducted from gross income are: 1. State and federal income taxes. But what happens in a situation where a parent is not paying his or her taxes? One appellate case has stated that a parent who does not pay income taxes does not get a deduction. M...
In California, even if the non-custodial parent (payor) dies, the child support obligation doesn’t. Many California cases have held that an order to pay child support resulting from a Stipulated Judgment survives the death of the payor parent, and the custodial parent can collect against the estate to fulfill this obligation.*.
California enacted legislation in 2004 under which a decedent’s heirs may include posthumously conceived children who are in utero within two years of the issuance of the decedent’s death certificate (or the earlier entry of judgment determining the fact of the decedent’s death), if the decedent expressly authorizes the posthumous ...
People also ask
What is child support in California?
What are the issues with California child support?
Can a child support order be enforceable against a non-custodial parent?
Can a child support order survive a stipulated judgment?
The Child Support Services Department (CSSD) can assist in enforcing or modifying private orders. A private order is an order for support that was not obtained by CSSD or another local child support agency (LCSA), e.g., a dissolution (divorce) or private paternity action.