WHAT IS BASIC CHILD SUPPORT in CALIFORNIA ?
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Basic child support is traditional child support. It is what the layman thinks of as child support. It is a fixed periodic sum of money that is paid by one parent to the other parent for the support of their minor child(ren). It is paid on a specified date or dates each calendar month. Either parent can go back to court any number of times to obtain a court ordered adjustment of basic child support upon proof of some change in circumstances since the prior amount was ordered.
Basic Child Support does not include what is referred to by the state as additional child support. Additional child support includes child care costs, reasonable uninsured health care costs of the minor child(ren), educational or special needs costs of the minor child(ren) and travel expenses incurred by or on behalf of the minor child(ren) for the purposes of visitation.
WHAT DOES WELFARE HAVE TO DO WITH THIS in California ?
When a custodial parent signs up for Temporary Assistance for Needy Families(TANF or more commonly, “welfare”) that parent legally assigns his or her child’s right to receive child support to the County that pays the TANF.
That means the custodial parent won’t get any child support from the non-custodial parent (because s/he will get support for the child from the County) and the County will essentially sue the non-custodial parent for every dime that the County pays to the custodial parent for support.
If the child has been receiving TANF for some time, the County has probably already gone to court to get a child support order against the non-custodial parent. Whether the County has done so, it MAY now try to take a ride on your divorce case either to initiate the court order for child support or to modify it if circumstances have changed since the County obtained the order. The problem with this is that often the County is not ready to proceed when you are and delays will occur in your case for no fault of your own. More on that later.
The main point to realize right now is that if you indicate that any eligible child of the marriage/partnership is presently receiving TANF/welfare, it doesn’t matter what figure you entered above for basic child support for that child. Nor does it matter what you have agreed with your spouse/partner as to basic child support for any minor child receiving TANF/welfare. The County will have its own idea as to what basic child support should be – namely, every dime it pays to the custodial parent.
For Child Support questions for California, Call us at (951) 501-3554