How to File for Child Support in California

Where to file and what documents you need

In California, you file for child support through your local Superior Court in the county where the child lives, or where the other parent lives. You do not file through a state office or online portal — you go to the courthouse itself or use the court's document filing system if your county offers it.

Before you go, gather: a copy of the child's birth certificate, proof of your income (recent pay stubs, tax returns, or a letter from your employer), proof of the other parent's income if you have it, information about existing custody orders if any, and the other parent's current address. If you do not have the other parent's address, the court can help you locate them, but the process takes longer.

California courts use a specific form called the Petition to Establish Parental Relationship (Form FL-200) if paternity has not been established, or the Request for Child Support Order (Form FL-260) if paternity is already established. You can read these forms from the California Courts website or pick them up at your courthouse's family law facilitator office — most counties have one, and staff there can answer questions about filling them out.

Key Takeaways

• You file at your local Superior Court in the county where the child or other parent lives, not through a state office.
• Bring the child's birth certificate, your income documents, and the other parent's address and income information if you have it.
• Use Form FL-200 if paternity is not yet established, or Form FL-260 if it is.
• Your county's family law facilitator office can answer questions about the forms and filing process at no cost.
• The court will serve the other parent with papers, and a hearing typically happens 30 to 60 days later.

Filing fees and fee waivers

California courts charge a filing fee to start a child support case. The amount varies by county but typically ranges from $200 to $400. If you cannot afford the fee, you can ask the court to waive it by filling out a Declaration of Financial Inability to Pay Court Costs (Form FW-001) and submitting it with your petition.

To request a fee waiver, you must show your income, expenses, and assets. The court reviews this information and decides whether to waive the fee. You can ask for the waiver at the same time you file your petition, or before you file if you want to know the answer first. If the court denies your waiver request, you can ask again later if your financial situation changes.

How the court serves the other parent

Once you file, the court must notify the other parent that you have filed for child support. This is called service of process. The court will send the papers to the other parent's address, or if you do not have an address, the court can use other methods to locate them.

The other parent has 30 days to respond. If they do not respond, the court may enter a default order, meaning the judge decides the case based only on what you submitted. If they do respond, the court schedules a hearing, usually 30 to 60 days after service.

You can also ask the other parent to sign an agreement to child support without going to court, which speeds up the process. If both of you agree on the amount and terms, you can submit a Stipulation and Order for Child Support (Form FL-265) to the judge for approval instead of having a hearing.

What happens at the child support hearing

At the hearing, you and the other parent each present information about income, custody time, and the child's needs. The judge uses California's child support guideline formula to calculate support. This formula takes both parents' gross income, the amount of time each parent spends with the child, and tax deductions into account.

You do not need a lawyer to go to court, but you can bring one if you want. If you cannot afford a lawyer, ask your family law facilitator whether your county has a legal aid organization that handles child support cases.

The judge will issue an order stating how much the other parent must pay each month, when payments start, and how they should be made. In California, most child support payments go through the Department of Child Support Services, which collects from the paying parent and sends the money to you.

Income calculation and the guideline formula

California's child support formula is based on gross income, not take-home pay. Gross income includes wages, self-employment income, rental income, interest, dividends, and some benefits. It does not include certain things like TANF (Temporary information for Needy Families) or SSI (Supplemental Security Income).

The formula accounts for how much time each parent spends with the child. If one parent has the child most of the time, the other parent typically pays more. If custody is split roughly equally, the formula adjusts the payment accordingly.

If either parent's income is very high or very low, the judge may adjust the guideline amount. The judge can also adjust it if one parent is deliberately underemployed or if there are other children from other relationships that the parent supports.

Modifying a child support order later

A child support order is not permanent. You can ask the court to change it if there has been a significant change in circumstances — for example, if the paying parent lost their job, got a much higher income, or if custody changed.

To modify an order, you file a Request to Change Child Support Order (Form FL-305) with the court. The other parent then has a chance to respond, and the judge decides whether the change is justified. A change in income of 10 percent or more is usually considered significant enough to modify.

The Department of Child Support Services can also ask the court to modify an order every three years, even if neither parent requests it.

Enforcement if the other parent does not pay

If the other parent stops paying or falls behind, the Department of Child Support Services can take action on your behalf at no cost to you. They can intercept tax refunds, place a lien on property, suspend a driver's license, or report the debt to credit agencies.

You can also ask the court to hold the other parent in contempt if they willfully refuse to pay. The judge can order them to pay the back amount plus interest, and in some cases, jail time is possible.

If you are receiving payments through the Department of Child Support Services, they handle enforcement automatically. If you and the other parent agreed to a private arrangement outside the court system, you would need to go back to court yourself to enforce it.

Frequently Asked Questions

Do I need to know the other parent's address to file?

No. If you do not have their address, you can still file. The court has tools to locate people, including checking DMV records and other databases. The process takes longer, but the court will find them if they live in California or have a job here.

What if the other parent lives outside California?

California can still establish and enforce child support for a parent who lives in another state or country, but the process is more complex. You may need to use the Uniform Interstate Family Support Act (UIFSA). Ask your family law facilitator about this option.

Can I file for child support if we were never married?

Yes. If paternity has not been legally established, you file using Form FL-200 to establish paternity at the same time you request child support. If paternity is already established — for example, both parents signed a voluntary declaration — you use Form FL-260.

How long does the whole process take?

If the other parent does not respond or if you both agree, it can take 30 to 60 days. If there is a contested hearing, it may take several months. The Department of Child Support Services can take longer if they are locating the other parent.

What if I cannot afford to pay for a lawyer?

Your county's family law facilitator can answer questions about forms and filing at no cost. Legal aid organizations in your county may also handle child support cases for people with low income. Call 211 or search the California Courts website for legal aid in your area.