“In California, the amount of child support payable is determine by a complex mathematical formula encoded in Family Code sections 4050-4076. In addition to eliminating the problem of lack of consistency among the different California counties, the guideline was intended to raise the level of child support payments. A child is entitled to receive support from birth until age 18, or age 19 if the child is still in high school and living with a parent. Fam. Code sec. 3901. An adult child who is disabled to the point of being unable to earn a living has an ongoing right to support. Fam. Code sec. 3910. The right to receive child support is that of the child, not the adult. The custodial parent cannot waive the child’s right to receive support and a judge is required to make an order for support, regardless of parents’ wishes. A court order for support remains enforceable until paid in full, even after the child turns 18. Fam. Code sec. 4502, 4503. This means that it may be worthwhile for the custodial parent to obtain a child support order even if she knows there is no possibility of enforcing it at the present time.”
“The California court must have personal jurisdiction over the obligor parent for a support order to be effective. The parent must either be a resident of the state, have been served with process while in the state, or have had “minimum contacts” with the state, such as having conceived the children in the state. Unfortunately, where a custodial parent and children have moved to California after the relationship between the parents has ended, and the non-custodial parent has remained in the other state, the California court will not be able to made an order for support against the non-custodial parent if he has no contacts with California. However, there may be remedies available through the local child support agency’s interstate powers of enforcement. Generally, once jurisdiction has been established in a case involving child support, it will continue even if the non-custodial parent moves out of the jurisdiction, or out of the state. Federal laws encouraging consistent nationwide enforcement of child support orders prevent forum-shopping on the part of obligor parents.”
“In California, the amount of child support payable is determined by the guideline encoded in Family Code sections 4050 through 4076. Family Code section 4053 includes a number of important provisions that reflect the state’s policies about the responsibility for, allocation of, and levels of child support. These policies include the expectation that the child should share in both parents’ standard of living, and child support is to be assessed, if necessary, to minimize any sharp economic disparities between the two households. Before calculating support, it is necessary to determine whether there is a basis upon which support can be ordered.”
“The reasons [why the other parent cannot pay support] include . . . incarcera[tion], or [their] receiving general relief, CalWorks, or Supplemental Security Income.”
[California Family Law Basics [certain citations omitted]]
