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child
You know what we can be like: See a guy and think he's cute one minute, the next minute our brains have us married with kids, the following minute we see him having an extramarital affair. By the time someone says "I'd like you to meet Cecil," we shout, "You're late again with the child support!
-Cynthia Heimel
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Child Support

In order to calculate child support, California takes into account many factors including, but not limited to the following: the non-custodial parent's income, the custodial parent's income, and the type of child custody arrangement.

Any time a child support order is made, the parent receiving the support has the ability to automatically receive support from the paying party’s paycheck. This is known as a wage assignment. A parent that has trouble collecting child support may rely upon governmental agencies like the Department of Child Support Services.

The Overview

Biological parents have the legal obligation to financially support their child until: the child reaches "the age of majority", marries, joins the military, or becomes self-supporting. When parents are married and living together during the life of the child, issues like paternity and financial support are generally not issues. However, when parents are not together or living together during the life of the child, issues like paternity and financial support can become critical to the child’s future and wellbeing. In the latter circumstance, the court is many times put in a position to determine the adequate amount of child support paid to the custodial parent (parent with custody of the child) by the noncustodial parent. In some circumstances, a parent with shared custody may still be required to pay support to the noncustodial parent.

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I’m Entitled to Child Support, Now What Do I Do?

Every state, including California, has a child support enforcement agency or office. California has the Child Support Services Department (“CSSD”) which is federally supported by the Office of Child Support Enforcement (“OCSE”), which administers federal child support legislation and provides tools and funding to the CSSD.

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The Effect of Child Support on Your Taxes

If you pay or receive child support, it can impact your taxes. The Internal Revenue Service (“IRS”) has implemented a system through which one may receive credit in the form of an exemption or a deduction for paying child support. A deduction reduces the child support payee’s taxable income. An exemption reduces the child support payee’s adjusted gross income. Conversely, a child support recipient has another set of rules, laid out by the IRS, to follow.

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Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary family law consultation.

FAQ's
Q: How is child support determined?
A: California has stringent support guidelines which consider many things, including but not limited to the: incomes of the parents, the needs of the child, the relative abilities of the parents to pay support, and each parent’s custodial percentage. Courts will generally follow the amount suggested by the guidelines unless a reason to depart from them exists.

Q: Can I get child support if I never married my child's father?
A: Yes. Both of a child's biological parents owe are required to financially support the child. In the absence of marriage, a genetic/ DNA test may be necessary to prove paternity. However, once paternity has been established, a court will award a support order.

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Resources
Federal Office of Child Support Enforcement
The Child Support Enforcement Program is a joint federal, state and local partnership to ensure that parents provide support to their children.

American Bar Association Child Support Guidelines Report
Tables at this site summarize the current child support laws in all 50 states.

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