Frequently Asked Questions
Yes, same-sex couples in California are subject to the same child support laws and obligations as opposite-sex couples. The court determines child support based on the income of each parent and the child’s needs.
Yes, child support can be enforced if the non-custodial same-sex parent moves out of state. California participates in the Uniform Interstate Family Support Act (UIFSA), which allows for the enforcement of child support orders across state lines.
When determining child support in same-sex cases, factors such as each parent’s income, the number of children, healthcare expenses, child care costs, and other relevant factors are taken into account.
Yes, the court can order retroactive child support in same-sex cases. Retroactive child support may be calculated from the date of separation or from the date the child support order is established.
Yes, same-sex parents can agree on a different child support amount than what is calculated according to the state guidelines. However, the court must review and approve the agreement to ensure that it is in the child’s best interests.
Yes, same-sex couples in California may be entitled to alimony or spousal support if certain criteria are met. The court considers factors such as the length of the marriage, the standard of living during the marriage, and each spouse’s financial needs and abilities.
Yes, the court can modify child support or alimony orders in same-sex cases if there has been a significant change in circumstances, such as a change in income or the needs of the children. It is important to consult with an attorney to understand the specific requirements for modification.
The duration of alimony in same-sex cases varies depending on the circumstances of the marriage and the financial needs of the recipient. It may be awarded for a specific duration or until the recipient remarries or enters into a new domestic partnership.
Yes, same-sex couples can enter into a spousal support agreement without court involvement. However, it is advisable to consult with an attorney to ensure that the agreement is fair, enforceable, and in compliance with California law.
Yes, same-sex couples can seek assistance in enforcing child support or alimony orders. The California Department of Child Support Services (DCSS) provides services to help enforce child support orders, and legal remedies are available to enforce spousal support orders as well.
Yes, same-sex couples may need to establish legal parentage or paternity to obtain child support. This can be done through various methods, such as adoption, assisted reproduction agreements, or court orders.
Yes, child support can be modified if the financial circumstances of one or both parents change. A significant change in income or other relevant factors may warrant a modification of the child support order.
For self-employed same-sex parents, income calculation for child support purposes may involve reviewing business records, tax returns, and other financial documents to determine an accurate representation of their income.
Yes, child support orders can be enforced if the non-custodial parent lives in another country. The United States has international agreements in place, such as the Hague Convention, to facilitate the enforcement of child support orders across borders.
Yes, same-sex couples can use mediation to reach agreements on child support and alimony. Mediation can be a helpful process for parties to negotiate and come to mutual agreements outside of court.
If a parent refuses to pay child support or alimony as ordered by the court, enforcement actions can be pursued. These may include wage garnishment, suspension of driver’s licenses, interception of tax refunds, or even contempt of court charges.
Yes, a same-sex parent can request a modification of child support if the child’s needs change. It is essential to demonstrate a substantial change in circumstances that directly impact the child’s well-being.
The duration of child support in same-sex cases varies depending on the specific circumstances, such as the child’s age, educational needs, and any disabilities. Generally, child support is paid until the child reaches the age of majority, completes high school, or becomes financially independent.
Yes, alimony can be awarded to the higher-earning same-sex partner even if there are no children involved. The court considers various factors, including the duration of the marriage, the standard of living, and the financial needs of the lower-earning spouse.
No, child support payments are not considered taxable income for the recipient. They are not subject to federal income tax and should not be reported as income on tax returns.
Yes, same-sex couples can enter into a child support or alimony agreement without involving the court. However, it is advisable to consult with an attorney to ensure that the agreement is fair, enforceable, and in compliance with California law.
If the non-custodial parent fails to pay court-ordered child support, the custodial parent can seek enforcement through various means, including wage garnishment, bank account levies, and enforcement through the local child support agency.
