Parents' Rights

Parents' Rights

California Family Code Family Code § 3900 codifies the general obligation of both parents to support their minor children “in the manner suitable to the child’s circumstances.” In implementing this guideline, courts must adhere to the principles that (1) a parent’s first and principal obligation is to support his or her minor children according to the parent’s circumstances and station in life; and (2) both parents are mutually responsible for the support of their children, which is not limited to biological offspring.

If a parent willfully fails to satisfy his or her statutory child support duties, the other parent, or the child through a guardian ad litem, may bring an action against the parent to enforce the obligation. If a parent fails to pay child support, child support orders and judgments are enforceable until paid in full or otherwise satisfied. Therefore, an action to recover child support arrearages may be maintained at any time, even after the child has reached the age of majority.

In the event that one of the parents or guardians has been receiving financial assistance from the government, or if a private case has been opened with the Department of Child Support Services, DCSS will automatically beging to collect evidence against the other parent.

Child support orders are based on strict guidelines that take into account custodial time and parental income. It is strongly advised to find an attorney who knows intricacies of family law matters. When child support is contested, the court is authorized, on a showing of “good cause,” to sever that issue for a separate trial with preference over all other civil matters not entitled to similar priority. Please contact our firm to help you navigate the child custody and child support issues at (714) 733-7066 or info@josfamilylaw.com.

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