Child Support in California: An uncontested divorce moves through the court system much more quickly and less expensively than contested divorces; in California, a couple can decide on matters including arrangements for the division of shared property and real estates, custody, and child support independent of the court. This is much, much easier said than done; while most couples do not contest the reason for the divorce, it can certainly be difficult to find middle ground concerning other issues. How does the so-called “friendly” divorce affect support?
In California, couples must usually follow the state guidelines which determine the amount of child support that a parent owes. The Department of Child Support Service (DCSS) has a convenient calculator that can help you figure out what this figure should be. Parents can agree, however, on a different support amount. If they do, though, it has to be approved by a judicial officer. If this is the route that a divorcing couple opts to take, they must sign the Stipulation to Establish or Modify a Child Support Order (Form FL-350). If the payment amount is reasonable and is in the child’s best interest, then it will likely be approved by the court.
The order must be filed with the court; verbal agreements do not have the force of law behind them and it is much more difficult to enforce payments. Wage withholding is generally the most effective way to do this. From the time a support order is issued, wages can be withheld from the obligated parent’s check. It is common now for payments to be made to a court-ordered program because enforcement is easier and arrearages can be detected quickly.
Even if your divorce was uncontested, it does not necessarily indicate that you will get payments on time or at all. Under federal law, California is required to provide divorced couples with child support enforcement services. You can check out the DCSS website linked to above to see what services are available to you. In the case of nonpayment, the government may intercept tax refunds, as well as unemployment or disability payments. They may report arrearages to credit bureaus, suspend driver’s or professional licenses, file liens against bank accounts or real estate, suspend or deny a passport, assess fines and penalties, and sentence the non-compliant parent to jail time. In California, parents are also allowed to hire a child support collection agency, which often have a very high success rate.
If a parent is in arrearage because of a significant change in income or in the amount of time the child spends with him/her, then a request can be made to modify the support agreement. It is essential that parents approach the court. DCSS can help you do this.
Uncontested divorces can be just as emotionally draining as contested ones; however, the silver lining is often a smoother, more streamlined process. When you have agreed to important issues, like child support, you can save time, money, and distress. If, however, your ex-partner reneges on the support agreement, it is important to pursue child support enforcement measures. Along with parental rights <insert link to article 3> is the responsibility to provide financially for your child.