Divorce In California

Parties May Agree by Stipulation

A stipulation is an agreement of both parties that is submitted to the court either before a hearing or on the record during the hearing. To stipulate to child support a Stipulation to Establish or Modify Child Support and Order – FL-350 must be submitted to the court. If the stipulation occurs before the hearing it is drafted as a pleading, signed by both spouses, and submitted to the court.

Ex Parte Motion

An ex parte motion provides quicker relief and avoids some notice requirements of an Order to Show Cause or Noticed Motion. Temporary restraining order may be had without notice to the other party but all other orders require notice unless the petition or declaration show that “great or irreparable injury” would otherwise result to the applicant before the matter can be heard on notice.

Order to Show Cause

To obtain an order with an Order to Show Cause the party seeking the order must complete Order to Show Cause - FL-300 which is delivered to the judge’s department for signature and to obtain a hearing. The party seeking the order then serves the other party with a copy other required papers. Service by mail is permitted if the other party has “made an appearance” in the matter but can also be done through personal service in accordance with California law.

Notice of Motion

Notice of Motion - FL-301 – is uses to request this variety of order. Once filed, the next step is usually to phone the clerk to obtain a hearing. And mail all required service documents.

Application for Order and Supporting Declaration – FL-310

The party indicates what orders are requested and details facts supporting the request. Draft with care! In an ex parte motion the court can draft relief only upon what is stated in the declaration and other filed documents.

For financial issues an Income and Expense Declaration – FL-150 is filed and served with the moving papers along with a blank FL-150 and FL-320.

*For temporary protective orders, domestic violence forms must be used.

Order After Hearing

Once the judge has ruled on the matter an order form(s) must be submitted to the court along with a copy sent to the other party. The relevant forms for cases other than domestic violence

Child Support California

The system for financially providing for children is known colloquially as Child Support California.  Both parents are required by law to provide for their children, regardless of marital status. The laws regulating child support in California permit the court to order that either parent or both provide regular support for living and medical expenses.

Once the court has ordered child support, the parent must comply by following the order. The order may sometimes be enforced through income withholding which ensures that wages paid from an employer are designated for compliance with the court order.

Modification of Child Support California

Child support may be modified through petitioning the court. In order for the court to grant such as petition, the petitioner must show a material change in circumstances, such as a job loss or other reason warranting a reduction or increase in child support.

Criticism of Child Support California

Child Support California has come under attack for being unfair to non-custodial spouses who believe child support is used to support the other parent instead of the child. The problem lies in the court’s inability to oversee how child support is used. Family law attorneys often seek a settlement concerning child support which contains restrictions on how support is used. For example, a parent may agree to pay certain sums directly to a private school.

Before the CA Family Court can address the issue of child support, there must be an underlying legal action. If the parents are married, either the mother or the father must first file an action requesting a dissolution of marriage (divorce), legal separation, or nullity. If the parents are unmarried, either the mother or the father must file an action to establish the parental relationship.

A CA court order to pay child support may be issued during the follow actions:

• Divorce, legal separation, or annulment;
• Parentage; or
• Domestic violence.

California uses a mathematical formula named the “support guideline calculator” to determine how much child support should be paid.   The child support calculation depends on the following:

• Parents’ incomes or ability to earn;
• Number of children;
• Time spent with the children;
• Tax filing status;
• Other factors.

Use the guideline calculator here.

• Insert your financial information and the receive the guideline recommendation for your support payment.
• Private information is not required and all information is completely anonymous.

In California there is no legal obligation to pay child support until a court order has been issued.