If you are married to the other parent, you both will be responsible for your child's financial support. However, if you are not married to the other parent, child support will depend on your (and the other parent's) income and parenting time. Either parent could have to pay the other. Usually, the parent with physical control over the child will receive child support from the other parent., If you are married to the other parent and are only asking for child support (i.e., not getting a divorce), then you need to file a Petition for Custody and Child Support of Minor Children (Form FL-260). You can find the form at http://www.courts.ca.gov/documents/fl260.pdf. If you are not married, you will need to establish paternity and ask for child support by filing a Petition to Establish a Parental Relationship (Form packet L-1026). You can find the petition at http://www.courts.ca.gov/documents/fl200.pdf.


If you have already started a case in the California courts, you can file an Order to Show Cause and get a hearing date. For example, you may be in the middle of a divorce or domestic violence case., Even when you and the other parent agree on a child support amount, the court will have the ultimate say in what happens. The judge, like you, will use the statutory guidelines to help them calculate payments. In addition to the statutory formula, the courts will also look at:


Health insurance expenses;
Mandatory union dues;
Mandatory retirement contributions;
The cost of daycare and uninsured health-care costs; and
Other factors the judge might deem appropriate (e.g., traveling costs for visitation and educational expenses)., If you think you and the other parent will be able to work out an agreement on your own, you need to sit down with that person and discuss your finances. You should have the statutory formula close by to help guide your discussion. While a judge may sign an agreement that deviates from the formula, the closer you follow it the more likely it is the judge will sign off.Talking with the other parent and working something out with them can be a great way to avoid a result you don't like. You should always try this before having a judge decide for you.
 This form will ask you to calculate child support based on the statutory guidelines. However, you can mark Box 6 that indicates you do not want to follow the amount calculated using the guidelines. If you do this, the amount you and the other parent agree to must be in the best interest of the child and must be adequate to take care of the child's needs. You can also state other reasons for your deviation.Both you and the other parent must sign this stipulation. You will give it to the judge and they will make their ultimate decision.The stipulation form can be found at http://www.courts.ca.gov/documents/fl350.pdf.
 If you or the other parent has had a significant change in your circumstances, you may want to consider modifying the child support amount you have in place. Once you request a modification, the court will look at your current circumstances and decide whether to modify the original order.


To request a modification, you need to file a new stipulation form., The duty of support continues until the child reaches 18 years old and has graduated from high school, or turns 19 years old, whichever comes first. However, the court can continue to require you or the other parent to make support payments if the child cannot support him or herself.
Determine who has to pay child support.
Open a child support case.
Research how the court makes decisions.
Talk with the other parent.
Fill out a Stipulation to Establish or Modify a Child Support Order.
Request modifications if necessary.
Continue to make payments until you are relieved of your duty.
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