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California Child Support in Administrative Law pt 1

Jennifer Thibeaux

Updated: Apr 6, 2024


 "Child support is not a punishment for the parent, but a provision for the child."

California Supreme Court Justice Stanley Mosk

 

The administrative function of child support has two distinct arms. One arm is the legal framework that has been meticulously carved out through legislation, cases, and legal opinion for over 100 years in California. The second arm is the administrative function of the Child Support division which is a people-facing function shaped by the people employed to assist with child support services. These two arms are focused on providing for the needs of the child.  Conflict creates the unique opportunity for child support services to intervene and solve family law issues. That same conflict can often serve as a detractor from not only efficient services, but also from remaining aligned with the legal principles of due process.

 

California's Family Code on child support serves as a comprehensive roadmap for ensuring that children receive the financial support they need to thrive, upholding their fundamental right to a stable and secure upbringing. California's Family Code, specifically Sections 4050 to 4072, outlines the comprehensive framework for child support in the state addressing various aspects of child support such as establishing paternity; calculating child support amounts; modifying child support orders; enforcing child support orders; addressing health insurance coverage for the child; a including consideration of the child’s educational expenses when calculating child support.


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