Frequently Asked Questions: Support Orders

How much will I have to pay?

Child support amounts are based on a review of both parent’s monthly income and the amount of time the child spends with each parent.

The Child Support Commissioner or Family Law Judge sets the amount of a child support order.

All income is taken into consideration and can be money, property or services, including:

  • Wages from a job
  • Tip Income
  • Commissions
  • Bonuses
  • Independent contractor income
  • Unemployment benefits
  • Disability and worker’s compensation payments
  • Department of Veteran Affairs disability payments
  • Interest Income
  • Dividend Income
  • Rental Income
  • Social Security or pensions
  • Any payments that become due such as lottery winnings and insurance payouts

     There are several factors that are considered by the family law judge when it comes to spousal support orders.  The length of marriage is usually the primary factor.  Age and health of both individuals is also considered.  The court will also examine each individual’s earning potential and contributions during the course of the marriage.

Q:  How do I modify my initiation schedule or support payment amount?

Q:  How do I file for support?

Q:  Is there a way to avoid going to court?

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How do I modify my initiation schedule or support payment amount?

     If you are already following a visitation schedule or have an Order to pay or to receive either spousal or child support, you can ask the court to change any one or all of these by filling out the following forms:

  • FL-300 Request for Order
  • if it is a support Order, FL-150 Income and Expense Declaration
  • FL-105 UCCJEA

These must be filed with the court clerk. Once they are filed they must be served on the other party and a Proof of Service must be filed with the court. Service of process can be done by mail (FL-335) or in person (FL-330), but there are limitations to each form of service so review the requirements for each form before deciding how to serve the opposing party with process. Include in your packet to the opposing party a blank:

  • FL-320 Response to Request for Order
  • FL-150 Income and Expense Declaration

How do I file for child support?

     If you receive benefits through government cash assistance programs, such as the California Work Opportunity and Responsibility to Kids program (CalWORKS), a child support case will be opened for you.

If you are still married and not ready to ask for a divorce, or, if you are not married and have established that you are a parent of the child, you can ask for the court to make a plan for visitation and support.

You will need to fill out:

  • FL-210 Summons
  • FL-260 Petition
  • FL-105 UCCJEA
  • Blank FL-270 Response to Request

The original and at least two copies should be filed with the court clerk. One of the copies will be served upon the other party and an FL-115 Proof of Service of Summons will be filled out by the server of process and filed with the court.

Is there a way to avoid going to court?

Yes! If both parents agree on a child support amount, you can sign a legal agreement called a “Stipulation.” This document establishes legal responsibility for the children and becomes the official child support order.