Fathers' Rights & Child Support in California

California does not use a presumptive maternal preference when determining which parent is best fit for having primary custody of their child.

In California, fathers have rights to request a child support modification for spending more time with his children. The change in visitation schedules and increased overnight visits may qualify as a "change in circumstances" allowing the court to modify or overturn the original binding agreement. To modify the support order for increased visitation, fathers must use the state's guidelines to determine the amount of the decrease based upon an increase in visitation.

Establishing New Obligations

Noncustodial fathers who later obtain physical custody or spend more time with their children than originally agreed upon can modify their child support obligations. To modify the existing support requirement, fathers need to petition their local superior court for modification of the existing order based upon a change in circumstances. Additionally, fathers who originally did not have custody can establish a new support order obligating the child's mother to pay support based upon California's presumptive child support guidelines. Fathers can access California's "SOLA" online application system to establish a new support case.

Local Child Support Agency

The California Department of Child Support Services helps parents understand their legal child support obligations. Fathers have rights to request establishment of paternity. The agency's Paternity Opportunity Program can help fathers determine whether they are the natural parent prior to the court order. Additionally, fathers who obtain custody of their children can establish a support order against a nonpaying mother. If the mother relocates and doesn't provide an address, violating a court order, the state can help find the missing mother through its parent locator system.

Rights During Incarceration

Incarcerated fathers should contact their local support agency to prevent past-due arrearages from accruing during their incarceration. Fathers who fail to obtain a modification can be liable for both the past due amounts during their incarceration plus additional interest fees for late payments.

Decreasing Support Payments

In California, fathers who subsequently have other children can request a modification for support to provide sufficient support to all of his children. Fathers can petition the superior court for a downward modification if they lose their jobs through no fault of their own, change jobs or become disabled. Deployed fathers called to active military service can also request modifications.

Withholding Visitation

It is illegal to withhold visitation based upon nonpayment of child support. Fathers who do not pay their required monthly support obligations still have a right to visit with their children. The visitation rights and child support obligations are not contingent upon one another. Fathers who are denied access rights to their children can file show cause motions requiring the mother to show cause as to why she shouldn't be held in contempt of court for violating a visitation agreement. Similarly, mothers can file show cause motions against fathers who do not pay their required child support obligations.

Considerations

Since family laws frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.

References

• Stanford.edu: The Determination of Child Custody in the USA (Joan B. Kelly, Ph.D.)
• California.gov: Department of Child Support Services: Opening a Child Support Case
• California.gov: California Courts: Self-Help Center (Forms and Instructions)
• California.gov: Department of Child Support Services: General FAQs
• California.gov: The State Bar of California: What Should I Know About Divorce and Custody?

Resources

• California.gov: The State Bar of California: Consumer Information Pamphlets