Understanding The California Child Support Laws

By Gerald A. Maggio, Esq.

Section 4053 of the California Family Code lays down the intent and purpose of laws related to child support. These laws have evolved over the years to suit the needs of the time. Section 4053 of the Family Code has enabled fast resolving of child support cases and has also determined the calculation of support payments.

Scope of the law

The child support laws have been framed keeping in mind the best interests of the child involved in a child support case. The basic intentions of the child support laws are as follows –

• It wants to remind the court and the parents that it is an obligation required by the law for the parents to support their child.
• The most important role of the child support laws is to ensure that conflicts between the parents are minimized and litigations are reduced so that the child does not have to unnecessarily suffer because of his or her parents’ egos and differences of opinion.
• A child should have the same standard of living as the parents.
• The ability of the parents to support the child is taken into consideration. Both the parents are equally obligated to care for their child. Their income and time should be devoted reasonably to be look after the child.
• The custodial parent’s standard of living can be improved by receiving child support which is also meant to improve the standard of living of the child.
• It is wrong to presume that the parent who is the sole custodian of the child already has used enough of his or her resources to support the child. That is to say, the parent paying child support has the right to request the court to modify support payments.
• Child support orders in California are generous because the city is quite expensive to live in.

California child support cases sometimes get delayed for a number of reasons. Parents sometimes withhold valuable information about their income hoping they will either receive more or have to pay less child support. Sometimes parents don’t show any interest in their child.

To learn more about child support and the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation. 

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.