How Do Child Support Hearings Work in Long Beach Family Court?
The short answer: a child support hearing in Long Beach is a hearing on a Request for Order (form FL-300) at which a judicial officer applies California's statewide guideline formula to both parents' incomes and the parenting timeshare and makes a support order. Most cases are decided on the paperwork, especially each parent's Income and Expense Declaration (form FL-150), so the hearing itself is usually short. Long Beach family law cases are generally heard at the Governor George Deukmejian Courthouse in downtown Long Beach; confirm your assigned courthouse and department on the Los Angeles Superior Court website before you go.
Which Courthouse Hears Child Support Cases in Long Beach?
Long Beach is part of the Los Angeles Superior Court. Family law cases from Long Beach, Signal Hill, Lakewood, and nearby communities are generally assigned to the Long Beach courthouse, while cases from Torrance, Redondo Beach, and the rest of the South Bay are often heard at the Torrance courthouse. The Stanley Mosk Courthouse in downtown Los Angeles is the central family law courthouse and handles many cases countywide. Our Long Beach divorce and family law attorney and Torrance divorce and family law attorney pages cover local practice.
Child support can arise in several kinds of cases. Support is ordered in divorce and legal separation cases, in parentage cases between unmarried parents, in restraining order cases, and in cases opened by the Los Angeles County Child Support Services Department under Family Code section 17400. See our guides on how to file for divorce in Los Angeles County and unmarried father rights in California.
How Do I Ask for a Child Support Order?
File a Request for Order. Unless support is set by agreement, one parent files form FL-300 asking the court to set, modify, or enforce child support and attaches a current Income and Expense Declaration on form FL-150 with the last two months of pay stubs. Parents whose only issue is child support and whose income falls under the form's limits may use the simplified Financial Statement on form FL-155 instead. The other parent responds on form FL-320 with his or her own FL-150.
Serve the papers on time. A Request for Order must be served at least sixteen court days before the hearing under Code of Civil Procedure section 1005, plus additional days if served by mail, and the response is due nine court days before the hearing. Post-judgment requests generally require personal service under Family Code section 215. Support in a new request can be made retroactive to the filing date under Family Code section 4009, and a modification can reach back to the filing date under Family Code section 3653, so filing promptly matters.
How Is Child Support Calculated in California?
The guideline formula controls. California uses a statewide uniform guideline set out in Family Code section 4055, and the court must apply it unless a narrow exception applies under Family Code section 4057. The formula turns on three things: (1) each parent's net disposable income, (2) the percentage of time each parent has primary physical responsibility for the children, and (3) the number of children. For how timeshare moves the number, read our guide on child support with 50/50 custody.
Income is defined broadly. Family Code section 4058 counts wages, commissions, bonuses, overtime, self-employment income, rents, and most other sources, and Family Code section 4059 lists the deductions, such as taxes, mandatory retirement, union dues, and health premiums, that get from gross to net. When a parent is unemployed or underemployed by choice, the court may impute income based on earning capacity, as explained in In re Marriage of Regnery and in our article on imputed income for child support.
Add-ons come on top of the base amount. Under Family Code section 4062, the court must add work-related child care costs and the children's uninsured health care costs, generally split equally or in proportion to net income under Family Code section 4061, and may add educational or special-needs expenses and travel costs for visitation. The court also orders a parent to maintain health insurance for the children when it is available at reasonable cost under Family Code section 3751. Bring the actual bills, the day care contract, and the premium breakdown so the judicial officer can use real numbers.
What Happens at the Hearing?
Check in and wait for your case to be called. Arrive early, go through security, and check in with the courtroom clerk or bailiff. Many Los Angeles County family law departments hear a full calendar of Requests for Order in the morning, so expect to wait. If both parents agree on the numbers, the judicial officer will usually take the stipulation and make it an order on form FL-350. Private mediation before the hearing often resolves support along with custody.
The judicial officer reviews the paperwork and hears argument. Under Family Code section 217 you have the right to present live testimony at a Request for Order hearing, but most child support hearings are decided on the FL-150s, the pay stubs, and short argument about disputed income or timeshare. The court enters the figures into the guideline software, states the result on the record, and makes the order.
The court deviates from guideline only for good reasons. The guideline amount is presumed correct, and the court may go above or below it only on findings under Family Code section 4057, for example where a parent has an extraordinarily high income. The decision in In re Marriage of Cheriton explains how seriously courts treat the guideline and the children's right to share in both parents' standard of living. Parents may agree to support below guideline under Family Code section 4065 only if the court finds the agreement serves the children's best interest.
What Happens After the Order Is Made?
The order is written up and support is collected by wage assignment. The support terms go on form FL-342, attached to the Findings and Order After Hearing on form FL-340, and the court issues an earnings assignment order on form FL-195 under Family Code section 5230 so the employer withholds support from each paycheck. Our guides on child support arrears and contempt for unpaid child support cover enforcement.
Support can be changed when circumstances change. Either parent may file a new Request for Order to modify support under Family Code section 3651 when income or the timeshare changes materially, and the change generally reaches back only to the filing date under Family Code section 3653. Child support ordinarily lasts until the child turns eighteen, or nineteen if still a full-time high school student, under Family Code section 3901. A change to the custody order often triggers a support change.
Do I Need a Lawyer for a Child Support Hearing in Long Beach?
Simple guideline hearings can be handled alone, but disputed income cases are different. Self-employment income, cash businesses, bonuses, imputed income, and add-on disputes are where the numbers move the most and where preparation pays off. Gramling Law Group offers flat-fee and limited-scope representation so you can hire a California child support lawyer for the hearing alone or for the full case. The court can also order one parent to contribute to the other's fees, which we explain in who pays attorney fees in a California divorce.
Frequently Asked Questions
How long does it take to get a child support hearing date in Long Beach?
Usually several weeks to a few months. The hearing date is assigned when the FL-300 is filed and depends on the department's calendar, so check the Los Angeles Superior Court website for current scheduling. Because support can be retroactive to the filing date under Family Code section 4009 or Family Code section 3653, file as soon as you need the order.
What should I bring to a child support hearing?
Bring your completed FL-150, two months of pay stubs, and last year's tax return. Also bring proof of child care costs, health insurance premiums, uninsured medical bills, and a calendar showing the actual parenting schedule. If you claim the other parent earns more than reported, bring the documents that show it, with copies for the court and the other side.
Can the court order child support if the other parent is not working?
Yes. The court can base support on a parent's earning capacity rather than actual income under Family Code section 4058 when the parent has the ability and opportunity to work. The parent asking for imputation must present evidence of the other parent's skills, work history, and available jobs, as discussed in In re Marriage of Regnery.
Does 50/50 custody mean no child support in California?
No. Equal time reduces support but rarely eliminates it, because the guideline formula in Family Code section 4055 also accounts for the difference in the parents' incomes. When incomes are close and time is truly equal the number may be small; when one parent earns much more, that parent will usually still pay.
Talk to a Long Beach Child Support Attorney
Gramling Law Group handles child support cases at the Long Beach, Torrance, and Stanley Mosk courthouses and throughout Southern California. Daniel Gramling, Esq. offers flat-fee and limited-scope options for parents who need help with one hearing or the whole case. Call (909) 654-4575 or contact us through this website. We serve the Inland Empire, Los Angeles County, Orange County, and Southern California. This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
Related Guides From Gramling Law Group
Learn more about our California child support lawyer serving the Inland Empire, Los Angeles County, and Southern California.
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Serving the Inland Empire, Los Angeles County, Orange County, and all of Southern California except San Diego in family law and criminal defense.
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