Determining Support Amounts

• California law requires courts to use the state's child support guidelines when awarding support. The state uses each parent's net income as the basis for establishing the support award. California courts will request that each parent complete an "Income and Expense Declaration" worksheet. Parents list their mandatory monthly financial obligations and total net income on the worksheet. California courts use income from all sources, except for welfare income and benefits received under the Social Security Administration's Supplemental Security Income program, to calculate each parent's financial obligation. After establishing the initial amount, the court typically requires one parent to pay his child's other parent for his share of support.
  
  

Income Withholding and Wage Assignment Orders

• The parent paying support can be required to pay support through a wage assignment order. Within 10 days of receiving an income withholding or wage assignment order, an employer must begin taking steps to withhold wages from the employee to satisfy any past-due payments and new awards. Under California law, parents who are obligated to pay child support payments must pay on time or pay interest penalties at 10 percent annually (as of April 2011).
  
  

Limitations

• California law limits the amount of support to 50 percent of net income, and employers may not withhold more than 50 percent of a parent's net earnings to satisfy an income deduction order. However, California law allows employers to withhold up to 65 percent of an employee's net income to satisfy past-due obligations. Although an employer may not withhold more than 50 percent or 65 percent for late payments, the employee-parent is still responsible for paying the remaining support amount over the 50 percent limit. Child support obligors who are responsible for supporting another minor in their home and who do not owe payments that are over 12 weeks old can pay up to 55 percent of their income to the other child.
  
  

Modifications

• To change a child support award in California, the state requires the parent to prove a "change in circumstances." The parent requesting modification must be able to show the existing award would increase or decrease by at least 20 percent or $50.
  
  

Considerations

• Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.