California Child Support

Support payments cannot be deducted on taxes. However, a parent making support payments may be able to claim a child as a dependent in some cases.

Support essentially does not have any impact on the taxes of the person making payments or the person receiving payments in California.

There is no program in California that allows support payments to be taken out before tax.

The California Department of Child Support Services will work in collaboration with the IRS to seize tax returns if support payments are owed.

Paternity in California is automatically established in most cases if parents are married. Unmarried parents can establish paternity by signing a voluntary Declaration of Paternity at the hospital when a child is born. A paternity action in court will be needed if paternity is contested by one party.

A father essentially has no legal rights until paternity has been established.

California court can order a paternity test in some circumstances where a father is trying to obtain parental rights.

The DNA of a family member can be used to establish paternity if a father is not living.

It is illegal to have a DNA test performed on a minor without the consent of a primary guardian. However, DNA tests that are legally conducted are often accepted by courts.

An acknowledgment or affidavit of paternity in California (AOP) can be signed at the hospital within 72 hours of the child's birth, or at the local health department. Both the mother and the father must sign the affidavit. Within 60 days of the signing the affidavit, however, anyone who is entitled to file a paternity case can file a case and ask for genetic testing.

Yes, but the parent who needs a modification of the support agreement has to prove the circumstances have been changed.

California allows parents to request modifications whenever changes in circumstances or life events affect the parties involved.

A modification can be filed if one or both parties can prove that there has been a change in circumstances since the last order was created.

A parent can file a motion with the court asking for a modification if they wish to appeal an existing order.

While a lawyer is not necessary, the complicated nature of requesting a modification makes seeking legal guidance important.

Processing times are affected by things like whether or not paternity needs to be established and if a non-custodial parent can be located.

The California Department of Child Support Services should be notified if payments are not being received. The department will investigate and follow through with trying to collect missed payments.

Failure to pay support can result in everything from wage garnishments to felony charges.

Support payments that are overdue by more than two years or that exceed $10,000 can result in felony charges and jail time.

A modification must be filed in order to stop a child support order.

When a child is over the age when support is required or if custody changes.

A custodial parent can request for a case to be closed. However, only a court can officially close a case.

When a child turns 19 years old, graduates from high school at 18 years old or becomes legally emancipated.

19 years old. 18 years old if a child has graduated from high school.