When Can You Terminate Child Support in CA?

March 31, 2025 TRIWriter

Child support is critical to ensuring that children receive the financial support they need from both parents after a separation or divorce. In California, the court often establishes child support obligations, but circumstances can change, leading to questions about when it is possible to terminate these payments. California Certified Family Law Specialist Judy L. Burger provides insights into the circumstances under which child support can be terminated.

What Are My Child Support Obligations in California?

Child support obligations in California are determined based on both parents’ incomes, the amount of time each parent spends with the child, and various other factors considered by the court. Child support is considered a legal obligation, and parents are required to provide financial support for their children until they reach adulthood or achieve certain milestones.

Conditions for Terminating Child Support

There are several situations where a parent may seek to terminate child support payments. Here are the most common scenarios:

The Child Turns 18 and is no longer a full-time high school student or turns 19: The child support obligation automatically ends when the child reaches 18 and is no longer a full-time high school student or when the child turns 19. Child support then terminates by California law. Parents should notify the child support agency when this milestone is reached to formally terminate payments.
Emancipation of the Child: If a child becomes emancipated—meaning they legally become an adult before the age of 18—child support may be terminated. Emancipation can occur when a child gets married, joins the military, or moves out and becomes financially independent.
Change in Financial Circumstances: If a parent experiences a significant change in circumstances, such as job loss, reduced income, or disability, they may petition the court for a modification or termination of child support. The court will require documentation of the changes to consider the request.
Mutual Agreement: Sometimes, both parents can agree to terminate child support payments, particularly if the child is financially independent or if both parents agree that continued payments are no longer necessary. In such cases, it’s advisable to formalize the agreement through the court to avoid future disputes.
Death of the Child: In the unfortunate event that the child passes away, child support obligations end immediately. Parents should be prepared to provide documentation regarding the child’s death to the court or child support agency.

What Do I Need to Legally Terminate Child Support?

While parents can seek to terminate child support under certain conditions, it’s essential to follow the legal process correctly:

Court Approval: Simply stopping payments without going through the court may lead to legal repercussions, including enforcement actions for unpaid support. Always seek a court order to formally terminate your obligations.
Documentation: Gather and present any necessary evidence, such as proof of income change or documentation regarding the child’s emancipation. The court requires clear and compelling evidence to consider modifications.

Terminating child support can be complex. Consulting with a family law specialist like Judy L. Burger can help ensure that all paperwork is filed correctly and that your rights are protected throughout the process.

Experienced CA Child Support Attorney

Child support is intended to support a child’s needs, but as life circumstances change, so too can child support obligations. Understanding when and how to terminate child support in California is crucial for both custodial and non-custodial parents. Whether due to a child’s age, emancipation, or changes in financial circumstances, it’s vital to follow the legal process to ensure that all parties are protected.

If you are considering termination of child support or have questions about your obligations, contact the Law Offices of Judy L. Burger for guidance and support. With the right legal assistance, you can navigate these changes confidently and ensure your child’s best interests remain the priority.

Child Support, California Divorce

What If My Child Support Isn’t Enough?

November 19, 2024 TRIWriter

Divorce and separation can be challenging not only emotionally but also financially, especially when children are involved. Child support is designed to help cover a child’s basic needs, including food, clothing, and education. However, there may be situations where the support received isn’t adequate to meet a child’s needs.

Certified CA Family Law Specialist Judy L. Burger wants you to understand your options and the steps you can take if you find yourself in this position

Understanding Child Support

In California, child support is typically calculated using a specific formula that considers both parents’ incomes, the amount of time each parent spends with the child, and any special needs the child may have. The formula aims to ensure that children continue to receive financial support from both parents, even after separation or divorce. However, what happens when that support isn’t enough? Here is how you can assess your situation:

Review the Support Order: Review your current child support agreement closely. Determine if the support amount reflects the child’s actual needs and living costs. What might seem sufficient on paper may not be enough when considering a child’s growing needs, especially as they age and their expenses increase.
Consider Changes in Circumstances: Changes in your financial situation or your child’s needs can affect the current support amount. For instance, if you’ve lost your job, had an unexpected medical expense, or your child has developed new needs (like tutoring or special activities), these factors should be considered.

What Can You Do to Address Insufficient Child Support?

2020–2022 data in the KIDS COUNT^® Data Center reveal that just 23% of U.S. female-headed families reported receiving any amount of child support during the previous year. Family law attorney Judy Burger can clarify your options if you are not receiving adequate child support payments. She can help you navigate the legal process, understand your rights, and represent you in court if necessary.

Request a Child Support Modification: If circumstances have significantly changed since the initial support order was established, you may petition the court to modify child support. This often involves documenting your current income, expenses, and your child’s needs. CA child custody attorney Judy Burger can help you understand the process and increase your chances of success.
Gather Documentation and Evidence: When seeking to modify support, gather evidence that supports your claim. This may include:

Recent pay stubs or tax returns
Receipts or invoices for child-related expenses (like medical bills, educational costs, or extracurricular activities)
A budget showing the financial strain due to the support received

Negotiate with the Other Parent: Open communication with the other parent can sometimes lead to informal agreements regarding additional support. While this is not a legal route, it can be beneficial if both parents are willing to cooperate for the child’s best interest. Documenting any agreements made is essential, as they can help in future legal proceedings if needed.
Seek Additional Financial Aid: If child support isn’t sufficient, consider looking into other resources to assist with child-related expenses. This could include government programs, scholarships for educational costs, or community organizations that provide financial assistance.

If you find that your child support isn’t enough, remember that you have options. It’s important not to lose hope—there are pathways you can pursue to ensure your child’s needs are adequately met. Whether it’s seeking a modification of your support order, negotiating with the other parent, or accessing additional resources, proactive steps can lead to a more secure financial situation for your family.

California Child Support Attorney

Reach out to California Child Support Attorney Judy L. Burger for personalized advice and support in navigating child support issues. She has considerable experience helping single parents protect their rights and advocate for their children’s well-being. Call 415-293-8314 or contact one of our eight offices directly online or by phone.

Child Support

Modification of Child Support in California

July 24, 2017 Judy L. Burger Leave a comment

Many parents are disheartened by the final child support order entered in their divorce, legal separation, or parentage case. Payers often feel that they have been ordered to pay too much, beyond their means; payees, on the other hand, frequently believe they have been shortchanged.

Most of the time, it is difficult to change the amount of support, either upward or downward. In fact, the simplest circumstance is the rare occasion on which a judge ordered less than the amount found by the guideline. In such a case, the amount can be changed without any legal showing at all.

The second simplest way to change the support amount is when the parents agree to change the amount and a judge is willing to sign an order approving the requested change. Of course, the parties rarely agree on an appropriate amount of support.

Aside from these two methods, it can be difficult to change the amount of child support. However, three methods are available: reconsideration, appeal, and modification.

Both a motion for reconsideration and an appeal have strict legal time frames within which they may be requested. Experienced California family lawyers are very familiar with the applicable time frames and mandatory procedures; if your final order is brand new or relatively so, hiring an experienced family lawyer is your best bet for changing the amount through reconsideration or appeal.

The third way the child support amount may be changed is through a motion for modification. For a modification to be granted, it must be based on a significant change in circumstances since the time the final order was entered. Again, a skilled family lawyer understands the legal standard that applies to modification requests and the type of evidence that may be used to support such a request.

Here are some examples of circumstances that may warrant a modification of a California final child support order:

Significant promotions or demotions;
Changes in jobs or loss of a job;
Lengthy prison or jail time;
Major changes in the parents’ time-share arrangement;
Major illness or disease of a parent or a child; and
Military activation or deployment.

The most important thing to remember is that unless and until a new support order is entered, the amount stays the same. In addition, it’s important that you ask for a modification right away. Most of the time, the amount will not be changed retroactively to a date before the modification request was filed.

If circumstances have changed since your child support order was entered and you want to pursue a change, consult a qualified family lawyer to discuss your best options. The attorneys at the Law Offices of Judy L. Burger are experienced in difficult divorce proceedings, including disagreements about child support. Call today to see how we can help you: (415) 293-8314.