Child Support Guidelines for Unmarried Parents in California

Unmarried couples with children face some additional challenges when they separate in California, due to some additional, legal requirements compared to married parents.

In marriages, the father is legally presumed to be the biological parent of children from that marriage. For unmarried couples, the father may need to prove parentage to obtain parental rights and may be required to pay child support based on the results of a parentage test.

The legal rights and responsibilities of married and unmarried parents are very similar—but in relationships where the mother and father are not married, the father may need to prove parentage rather than this being a legal presumption.

In California, unmarried fathers have the same rights to visitation and custody of their children as married fathers (and mothers), and the child has the same right to child support regardless of whether the parents are married.

Maternity is presumed as she gives birth to the child but proving paternity can be more problematic for unmarried parents. If the father pays child support and spends adequate time with the child, the matter may never come before the courts. This is, in fact, what happens in many cases.

However, if court intervention is required, the legal assumptions for married couples do not apply to unmarried parents. Paternity must first be established for orders to be made about child custody, visitation, and support.

There are two main ways of establishing paternity if there is a dispute about child support, custody, or visitation rights after unmarried parents separate in California: signing a Declaration of Paternity or DNA testing.

Declaration  of Paternity

If the two parents agree to sign a Voluntary Declaration of Paternity at the time the child is born, the unmarried father will be considered the legal father of the child.

Signing the declaration is a legal requirement in California for the child to receive a birth certificate with a father’s name on it, if the parents are unmarried. Importantly, signing the declaration waives the rights of both parties to go to court to determine parentage later with a DNA test. Signing the declaration means the father accepts the responsibility to raise the child and provide support whenever necessary.

Most unmarried parents sign the declaration letter at the hospital after the birth of the child. Hospitals are legally required to offer the form and help parents complete it. This essentially provides the same legal effect as a court order establishing parentage.

If the parents don’t sign the declaration at the hospital but still want to sign it, they must visit a welfare office or sign the declaration at the Superior Court in the city where they live. The form is then filed with the California Department of Child Support Services (DCSS) so that child support payments become enforceable by the department.

DNA Testing

In rare cases, even if a Voluntary Declaration of Paternity has been signed by both parents, the court may still require DNA testing to prove paternity.

More commonly, DNA testing is either ordered by the court or requested by either party in a legal case where no declaration has been signed, no father is listed on the birth certificate, and doubts exist about the paternity of a child especially in cases concerning child custody, visitation rights or child support.

Once parentage is established, the father assumes full rights and responsibilities for the child or children along with the mother.

This includes the responsibility under California Family Code § 3900 to financially support the child at least until the age of majority (which is 18 in most cases but 19 if the child is still in high school, unmarried, and living with a parent).

To calculate the child support payment obligation in California, the formula used for unmarried parents is the same as for married parents. It is a statewide formula that calculates an amount that a non-custodial parent must pay to the custodial parent once parentage is established. Family Code Section 4055 details this formula:

CS = K [HN-(H%) (TN)]

CS = child support amount.

K = the amount of income to be allocated.

HN = high earner’s net monthly disposable income.

H% = approximate percentage of time the high earner has or will have primary physical responsibility for the children compared to the other parent (where the parents have different time-sharing arrangements for different children).

TN = total net monthly disposable income of both parties.

When calculating child support for unmarried parents in California, the formula takes into account the number of children, the incomes of each parent, the amount of time each parent spends with the child(ren), and special expenses, such as health insurance, daycare, etc.

Many unmarried couples in California separate without formalizing their child support arrangements. This can be a mistake because verbal or informal agreements are not legally enforceable. If payment disputes arise, the child’s right to receive financial support may be affected, at least temporarily, until a court order or formal support agreement is established.

In a perfect world, a verbal agreement is made and support payments arrive on time every month. Unfortunately, this is not always the case, so it is advisable to draft a legally enforceable child support agreement and file it with the local court. It then becomes a court order and can be filed with the DCSS.

In non-married parentage cases where a father refuses to pay child support, the child’s parentage must be verified before the court makes any decisions.

If no Voluntary Declaration of Parentage has been signed, the father’s name is not on the birth certificate, and a petition is made to the court, a judge can order the alleged father to take a DNA test. If the DNA test authenticates parentage, the court can order the father to pay child support, which is enforceable by the DCSS.

The family attorneys at The Sands Law Group APLC in Los Angeles can help with guardianship petitions and custody matters. Contact us online or call 213-788-4412 today for a free 15-minute case evaluation.