Under California child support laws, the court may order one or both parents to pay the amount of money during and after a divorce for child support.
When Does California Child Support Laws Allow to Request Child Support?
There are two ways to request for child support:
– Through a private divorce, paternity or domestic violence while you are filing for restraining order,
– Or by means of opening of a governmental action for child support by the Department of Child Support Services. California Family Code Section 17422 sets forth that the local child support agency shall take appropriate action, whether civil or criminal, in order to enforce the parent(s) obligation to obtain the child’s health insurance.
You may also file such request when one of the parents is receiving government aid such as, food stamps, cash aid, and medical benefits. Moreover, if a child enters the foster care system or becomes a ward of the county for any other reason, the parent should support the child. According to the law, it is each parents’ responsibility and duty to support and care for their children. Several factors are taken into the calculation by the court for taking a decision on child support, such as:
– Income of each party,
– Tax status of the parties,
– Custodial timeshare,
– Additional children who are supported by both parties,
– Childcare costs.
How does the process of child support in California work?
Once you are summoned to court and fail to attend, judgment can process without your presence. When you do respond to a court summon and attend the hearing, you will have the opportunity to present your side of the story. If you are on a Social Security Disability’s program or receiving social security, your children may receive your derivative benefits.
Can the Department of Child Support Services (DCSS) Take Away my Driver’s License if I cannot pay for child support?
When the Department of Child Support Service (DCSS) deals with your case, they have the right to:
– Take your driver’s license, passport, or any other type of ID,
– Garnish your wages,
– Take up to 25% of your unemployment,
– Levy your bank accounts,
– Take up to 25% of your unemployment benefits,
– Force you to select the insurance coverage provided by your employer if they find it reasonable,
– Take your Social Security and/or disability.
Thus, DCSS has the right to take away any of the above-mentioned items until you pay the entire amount of child support; and you won’t get your documents back until you do. However, you can still leave the country if you need to visit a dying or ill relative.
Our attorneys at The Margarian Law Firm will help you to take on your child custody cases today. You may receive all answers regarding California child support will be answered during your Free Initial Consultation. Contact us Today!
You may file your request online, by telephone or by mail. 818-553-1000