Who has to pay child support?

A court can only order you to pay child support if you are legally considered to be the child’s mother or father.[2532] You have to pay child support when a family court judge makes a child support order, which says how much each parent is required to pay. A family court judge can make a child support order in any of the following cases (please note: EITHER parent can ask the judge for a child support order in any of the following cases):[2533]

    Divorce, legal separation, or annulment—for parents who are married to each other and want to end their relationship;
    Paternity (parentage)—for parents who are NOT married to each other;
    Petition for Custody and Support of Minor Children—for parents who have signed a voluntary Declaration of Paternity, OR who are married and want to stay married;
    Domestic violence restraining order—for married OR unmarried parents; OR
    In some situations, the Local Child Support Agency (LCSA) may also start a child support case in court against one or both parents/caregivers (see next question for more information about LCSA child support cases).[2534]

In general, you must continue to make child support payments until your child turns 18 years old,[2535] or until the judge or LCSA agrees to change the order. Child support also ends if your parental rights are terminated.[2536]

Do legal guardians have to pay child support?

No.[2537] Child support is a parental responsibility, not a legal guardian’s responsibility, and therefore a judge cannot order a legal guardian to pay child support.[2538] But adoptive parents DO take on a legal financial responsibility to support their adoptive child(ren)—because they assume all legal rights and responsibilities of biological parents (unlike legal guardians).[2539]

  1. 2532

    Cal. Fam. Code § 7570 (a) ↑

  2. 2533

    Cal. Fam. Code § 4001. ↑

  3. 2534

    Cal. Code Civ. Proc. § 685.050. ↑

  4. 2535

    Cal. Fam. Code § 3901(a). However, if your child is still in high school and lives with a parent, then child support continues until s/he graduates OR turns 19—whichever happens first. Alternatively, child support can end earlier if/when your child (1) gets married, (2) joins the military, (3) is emancipated, or (4) dies. Or child support may continue for longer if (1) the parents agree to a longer arrangement, or (2) the judge orders both parents to keep supporting a disabled adult child. ↑

  5. 2536

    Cal. Fam. Code § 3901(b). ↑

  6. 2537

    See Cal. Fam. Code § 2351. ↑

  7. 2538

    Cal. Fam. Code 4053. ↑

  8. 2539

    California Courts, Guardianship, http://www.courts.ca.gov/selfhelp-guardianship.htm. ↑