“Parental duties/responsibilities include: an equal responsibility to support their children (FC 3900); Providing health insurance for their children (FC 3760(b)); and paying child support continues as to an unmarried child who has attained 18 years of age, is full-time high school student unless the child has a medical condition documented by a physician, & who is not self-supporting until child completes 12th grade or attains 19 years of age, whichever occurs first.
The amount of child support: Is determined by the parents’ income and time-share; is determined by the state guideline formula (FC 4055); established by the formula is presumed to be the correct amount (FC 4057(a)); is determined by using the income and timeshare of the parents; Is calculated by using computer software (FC 3830(a)); may include hardship deduction, which is a discretionary decision (FC4071(a)); and must include the following add-ons: 1) the reasonable uninsured health care costs for children (FC 4063), & 2) child care costs related to employment/education for employment (FC 4062(a)).
Child support orders: Must adhere to the statewide uniform guideline and can deviate from the guideline only for good cause (FC 4052, CRC Rule 5.260(b); require payment of child support ordered by the court be made before the payment of any debts the paying parent owes to creditors (FC 4011); must include an income withholding for support [form] (FL-195); may be made retroactive to the date of filing of the Petition if the request is made during the dissolution or legal separation action (FC 4009); may be retroactive to date of filing request, if request is postjudgment (FC 3653(a)); may include arrearages (FC 4503); and may include deferred sale of the home order (Duke Order) that delays sale of the home until the youngest child reaches 18 years old (FC 3800-3809).
Child support order modification/termination (FC 3651(a)): May be made any time the court determines; and continue until terminated by court or by operation of law.
Child support agreements: That are stipulated must include: They are fully informed of their rights concerning child support; the order is being agreed to without coercion or duress; the agreement is in the best interests of the children involved; the needs of the children will be adequately met by the stipulated amount; and the right to support has not been assigned to the county pursuant to Welfare and Institution Code section 11477 and no public assistance is pending. (FC 4065(a)); May include an enforceable obligation to pay college expenses in an MSA, which is considered support for an adult. (Marriage of Rosenfeld & Gross (2014) 255 CA4th 478.)”
(LW Greenberg, California Family Law.)
