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Child support is an amount of money that the Court orders one parent to pay the other parent each month for the support of the children. In California, child support is based on a “guideline”. The guideline is a formula based on the incomes of the parties and the time each parent spends with the children.
Child support is payable until a child marries, dies, is emancipated, reaches 19, or reaches 18 and is not a full-time high school student, whichever first occurs.
If a party is not employed or earning income, the Court can make an Order of child support based upon the payor’s ability or capacity to earn income. A party’s capacity to earn must be based upon the ability of the parent to perform a particular type of job and the availability of those types of jobs.
You may ask, “What if I am having problems collecting child support?” The Court will order a wage assignment that can be served on the employer, and the employer will send the support directly to the recipient parent. The Court can also enforce a child support order, including revocation of the party’s driver’s license or work-related licenses.