RIGHTS AND RESPONSIBILITIES REGARDING CHILD SUPPORT Childcare

Cal. Form FL-192

California Superior Local Rules

Form Adopted for Mandatory Use Judicial Council of California FL-192 [Rev. September 1, 2024] NOTICE OF RIGHTS AND RESPONSIBILITIES REGARDING CHILD SUPPORT Childcare and Health Care Costs and Reimbursement Procedures Family Code, §§ 4007.5, 4010, 4062, 4063 FL-192 NOTICE OF RIGHTS AND RESPONSIBILITIES REGARDING CHILD SUPPORT Childcare and Health Care Costs and Reimbursement Procedures Your child support order may include a provision for payment of childcare or uninsured health care costs. Childcare costs may be included as part of the monthly child support payment or reimbursable as a percentage of the costs.

If the childcare costs are included as part of the monthly child support payment, you must pay that amount each month until the court changes (modifies) the child support order. If you need to change your child support order because there has been a change in the cost of childcare, see page 2. If you have a child support order that includes a provision for the reimbursement of a percentage of childcare costs or a portion of the child's or children's health care costs and those costs are not paid by insurance, the law says: 1. Notice.

You must give the other parent an itemized statement of the charges that have been billed for any childcare costs or health care costs not paid by insurance. You must give this statement to the other parent within a reasonable time, but no more than 90 days after those costs were given to you. 2. Proof of full payment. If you have already paid all of the childcare costs or uninsured health care costs, you must (1) give the other parent proof that you paid them and (2) ask for reimbursement for the other parent's court- ordered share of those costs. 3. Proof of partial payment.

If you have paid only your share of the childcare costs or uninsured health care costs, you must (1) give the other parent proof that you paid your share, (2) ask that the other parent pay his or her share of the costs directly to the childcare or health care provider, and (3) give the other parent the information necessary for that parent to be able to pay the bill. 4. Payment by notified parent.

If you receive notice from a parent that a childcare or uninsured health care cost has been incurred, you must pay your share of that cost within the time the court orders; or if the court has not specified a period of time, you must make payment (1) within 30 days from the time you were given notice of the amount due, (2) according to any payment

schedule set by the health care provider, (3) according to a

schedule agreed to in writing by you and the other parent, or (4) according to a

schedule adopted by the court. 5. Going to court. Sometimes parents get into disagreements about childcare and health care costs. If you and the other parent cannot resolve the situation after talking about it, you can request that the court make a decision. a. Disputed requests for payment. If you dispute a request for payment made by the other parent, you may file a request for the court to resolve the dispute, but only if you pay the requested amount before filing your request. b. Nonpayment.

If you claim that the other parent has failed to pay you back for a payment, or they have failed to make a payment to the provider after proper notice, you may file a request for the court to resolve the dispute. c. Paid charges. The court will presume that if uninsured health care costs or childcare costs for employment or necessary training for job skills have been paid, those costs were reasonable. If you want to dispute paid charges, you will have to show the court that the costs were unreasonable. d. Attorney's fees.

If the court decides one parent has been unreasonable, it can order that parent to pay the other parent's attorney's fees and costs. e. Court forms. Use forms and to get a court date. See form for information about completing, filing, and serving your court papers. 6. Court-ordered insurance coverage. If a parent provides health care insurance as ordered by the court, that insurance must be used at all times to the extent that it is available for health care costs. a. Burden to prove. The parent claiming that the coverage is inadequate to meet the child's needs has the burden of proving that to the court. b.

Cost of additional coverage. If a parent purchases health care insurance in addition to that ordered by the court, that parent must pay all the costs of the additional coverage. In addition, if a parent uses alternative coverage that costs more than the coverage provided by court order, that parent must pay the difference. 7. Preferred health providers. If the court-ordered coverage designates a preferred health care provider, that provider must be used at all times consistent with the terms of the health insurance policy.

When any parent uses a health care provider other than the preferred provider, any health care costs that would have been paid by the preferred health provider if that provider had been used must be the sole responsibility of the parent incurring those costs. 8. Need help? Contact the in your county or call your county's bar association and ask for an experienced family lawyer. FL-192 [Rev.

September 1, 2024] NOTICE OF RIGHTS AND RESPONSIBILITIES REGARDING CHILD SUPPORT Information Sheet on Changing a Child Support Order FL-192 Information Sheet on Changing a Child Support Order General Info The court has made a child support order in your case. This order will remain the same unless one of the parents requests that the support be changed (modified). An order for child support can be modified by filing a request to change child support and serving the other parent.

If both parents agree on a new child support amount, they can complete, sign, and file with the court a Stipulation to Establish or Modify Child Support and Order (form ). (Note: If the local child support agency is involved in your case, it must be served with any request to change child support and approve any agreement.) Online Self-Help Guide For more information about how child support works, visit: .

When a Child Support Order May Be Changed The court considers several things when ordering the payment of child support. l First, the number of children is considered, along with the percentage of time each parent has physical custody of the children. l Next, the net disposable incomes of both parents are determined (which is how much money is left each month after taxes and certain other items like health insurance, union dues, or other child support ordered and paid are subtracted from a parent's paycheck).

The court can also look at a parent's earning ability. l The court considers both parents’ tax filing status and may consider hardships, such as the cost of raising the parent's child from another relationship who lives with the parent. A parent can request to change an existing order for child support when circumstances change significantly. For example if the net disposable income of one of the parents changes, parenting time changes, or a new child is born. Examples l You have been ordered to pay $500 per month in child support. You lose your job.

You will continue to owe $500 per month, plus 10 percent interest on any unpaid support, unless you file a motion to modify your child support to a lower amount and the court orders a reduction. l You are currently receiving $300 per month in child support from the other parent, whose net income has just increased substantially. You will continue to receive $300 per month unless you file a motion to modify your child support to a higher amount and the court orders an increase. l You are paying child support based on having physical custody of your children 30 percent of the time.

After several months it turns out that you actually have physical custody of the children 50 percent of the time. You may file a motion to modify child support to a lower amount. How to Change a Child Support Order To change a child support order, you must file papers with the court. Remember: You must follow the order you have now. What forms do I need?

If you are asking to change a child support order, you must fill out one of these forms: l Form , Request for Order or l Form , Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support You must also fill out one of these forms, and attach proof of income for the past two months (like your paycheck stubs): l Form , Income and Expense Declaration or l Form , Financial Statement (Simplified) What if I am not sure which forms to fill out? Contact the family law facilitator in your county. You can find them here: .

After you fill out the forms, file them with the court clerk and ask for a hearing date. Write the hearing date on the form. The clerk may ask you to pay a filing fee. If you cannot afford the fee, fill out these forms, too: l Form , Request to Waive Court Fees and l Form , Order on Court Fee Waiver (Superior Court) You must serve the other parent. If the local child support agency is involved, serve it too. l This means someone or over—not you—must deliver copies of your filed court forms to the other parent, at least court days before the hearing.

Add calendar days if delivered by mail within California (see Code of Civil Procedure

section for other situations). l Court days are weekdays when the court is open for business (Monday through Friday except court holidays). Calendar days include all days of the month, including weekends and holidays. To find court holidays, go to: . Blank copies of both of these forms must also be served: l Form , Responsive Declaration to Request for Order l Form , Income and Expense Declaration Then the server fills out and signs a Proof of Service. Take this form, plus one copy, to the clerk and file it at least one week before your hearing. Go to your hearing and ask the judge to change the support.

Bring your tax returns from the last two years and your proof of income for the past two months (like your paycheck stubs). The judge will look at your information, listen to both parents, and make an order. After the hearing, fill out: l Form , Findings and Order After Hearing and l , Child Support Information and Order Attachment Form Need help? Contact the in your county or call your county's bar association and ask for an experienced family lawyer. FL-192 [Rev.

September 1, 2024] NOTICE OF RIGHTS AND RESPONSIBILITIES REGARDING CHILD SUPPORT Information About Child Support for Incarcerated or Confined Parents FL-192 Information About Child Support for Incarcerated or Confined Parents 1. Child support. As of September 27, 2022, child support automatically stops if the parent who has to pay is confined against their will for more than 90 days in a row in jail, prison, juvenile detention, a mental health facility, or other institution. Exception. Child support does not automatically stop if the parent who has to pay has money available to pay child support. 2.

Past confinement. Child support also automatically stops during past confinement if it was ordered from October 8, 2015, through December 31, 2019, or January 1, 2021, through September 26, 2022, and the parent who has to pay was confined for more than 90 days in a row during the same time frame. Exceptions for past confinement. Child support does not automatically stop if the parent who has to pay was in jail or prison for failing to pay child support or for domestic violence against the other parent or the child, or if they had money available to pay support. 3. Timing.

The date child support automatically restarts will depend on the parent's release date. If you need to change your child support order, see page 2. a. If released before January 1, 2024, child support automatically restarts the first day of the first full month after the parent is released. b. If released after January 1, 2024, child support will automatically restart the first day of the 10th month after the parent is released.

Employment before the 10-month period ends: If the parent who has to pay support starts working before the date child support is set to automatically restart, the person who is owed support or the local child support agency can request the court restart the child support order early. The court may order a different amount of child support if appropriate. 4. More info. For more information about child support and incarcerated parents, see or go to . You can also contact the family law facilitator in your county and can find them here: .

Document details

Collection	California Superior Local Rules
Citation	Cal. Form FL-192
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	16596bfdeaa92f1aa9806e6ba65139bf4caf7cbd

Source file is stored in the law ingest library (pdf).