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What are the California Rules of Court Commissioners for child support?

In the U.S., each state has specific rules regarding child support

by Maria Laura
22 July, 2022 - Updated on 6 March, 2023
in Social Security
What are the California Rules of Court Commissioners for child support?

Child support is the obligation of all parents who do not have custody of the children and, therefore, are not constantly with them. They must contribute a certain amount to cover the children’s expenses and needs.

Each state has regulations regarding child support and how it should provide to children. In California, the parent responsible for child support must follow some basic rules.

Contents

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  • California Rules Regarding Child Support
    • Rule 5.16: the designation of matches
    • California Family Code 4053 Guidelines
  • Are the California child support rules being enforced as desired by the legislature?
  • What are the expenses included in the calculation of child support?

California Rules Regarding Child Support

The rules governing child support are varied and different for each person. It all depends on each parent. For this purpose, other laws have been created to suit each situation.

Rule 5.16: the designation of matches

The designation of parties is indicated in the Family Code, where the party who decides to initiate the case is known as the “plaintiff” and the other as the “defendant.” Before the child support agencies, the respondent parent may also be known as the “respondent” and the petitioner as the “other parent.”

It is also stated how both parties will be dealt with, indicating that the only ones who can deal with the separation situation are the affected parties. Only both parents can relate to each other in the child support proceeding.

California Family Code 4053 Guidelines

Within the pages of this code, it is stated that the obligation of both the mother and the father is to support their child. On the other hand, the responsibilities are mutual, adjusted for each parent’s income, ability to support the child, and time spent with the child.

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The child must share the standard of living of both parents, that is, the way they constantly perform and the customs acquired over time. The laws state that the parent who has the most time with the child and is the primary caregiver already contributes a significant and complex portion.

Life in California is expensive, and its child support laws reflect this, so help from both parties is required. It is essential to appear in court with all the requested documents to calculate the amount of money each party must contribute.

Are the California child support rules being enforced as desired by the legislature?

The laws are intended to be followed by all citizens. However, they are sometimes overlooked, and this has caused many parents to question whether they are working as the legislation indicates.

One of the primary missions of California’s child support laws was to streamline and expedite the decision-making process. However, four drawbacks have been noted that often make the procedure is often more complex and tedious:

  • Parents have little interest in spending quality time with their children and yet request parenting time they do not want or cannot handle. They do this to lessen the need for the support they would have to give by not being present in their children’s lives
  • When one parent interferes with the other parent’s time with the child., they usually increase their time and have more child support money
  • Parents who refuse to have a job that provides them with the financial results necessary to meet their child’s support obligation
  • Those who lie about the money they earn claim that they earn less than the money to lower the children’s monthly fees
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For this, specific laws sanction any of the attitudes mentioned above. When such a situation arises, the process becomes longer and more complicated than expected.

What are the expenses included in the calculation of child support?

One of the common concerns for parents responsible for sending the money is how the other party will distribute the funds. But the law indicates what expenses are included when calculating monthly payments.

Common expenses of the child such as food, clothing, and housing are considered, as well as health insurance, late payments, and interest on late payments. Basic education and recreational activities are also part of the calculations because they are indispensable for the child’s development.

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