Even if the non-custodial parent lives in another state, federal child support law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent doesn't make regular child support payments, he or she is subject to enforcement measures in the State of California to collect regular and past-due payments.
The official child support enforcement agency for the State of California is the California Department of Child Support Services (CSS). Child Support Services is required by federal law to provide services to parents and guardians to help them meet their responsibilities to their children and is funded by the federal government and the State of California.
|CALIFORNIA CHILD SUPPORT SERVICES CASELOAD STATISTICS1|
|Full Time Equiv. Staff||9,564|
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
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The State of California allows for interest to be charged on missed support payments at a rate of 10% per annum. Interest accrues from date installment is due if payable in installments, or from date of entry of judgment. (Code of Civil Procedure §'s 685.010, 685.020, and 685.030)
California also charges interest on retroactive child support at a statutory rate of 10% per annum. Interest accrues from date installment is due if payable in installments, or from date of entry of judgment. (Code of Civil Procedure §'s 685.010, 685.020, and 685.030)
California has no statute of limitations on past due child support payments; child support is enforceable until paid in full.
There is no statute of limitations on establishing paternity. Paternity can be established at any time.
Child support must be paid until the child becomes 18, unless the child has not graduated from high school, in which case the child support continues until the child has graduated high school or turns 19, whichever occurs first. California law does not allow the court to impose continuing support beyond the age of 19, unless the child is physically or mentally disabled or otherwise incapacitated from earning a living. However, if the parents have agreed that child support is to continue into the college years, such an agreement will be enforced by the Family Law Court.
According to the Agnos Minimum Child Support Standards Act which was enacted by the state legislature, the law directs the court to add up the total net monthly incomes of both parents. Then, the judge calculates the percentage of that income that is being earned by the non-custodial parent. That percentage is then multiplied by the applicable level of welfare payments for the number of children in the household. The result is the minimum amount of child support. In most cases, the court orders child support above the minimum level, as determined by local California child support guidelines.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent has a duty to obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce its orders against either parent.
Any custodial parent not receiving public assistance may contract with a child support collection agency like Support Collectors, or hire a private attorney, and at the same time have a case open with California Child Support Services. We're able to work harder to collect the child support you are owed.
Collecting support is all we do and we give you the personalized, dedicated attention that your case deserves. Call us at (888) 729-6661 or get started online right now! You don't pay unless we put money in your pocket.