Where to File and What You'll Need First
You file for child support through your county's Family Court, not through a state office. The exact courthouse depends on where you live — each California county runs its own family law division. You can find your county courthouse by searching "[your county name] family court" online, or by calling your county clerk's office.
Before you walk in or file online, gather these documents: a copy of the child's birth certificate, proof of the other parent's income (pay stubs, tax returns, or a statement of what they earn if self-employed), your own income documentation, and the other parent's Social Security number if you have it. If there is an existing custody order, bring that too. You do not need a lawyer to file, though some people choose to hire one.
California offers two main filing routes: in person at the courthouse, or online through the California Courts Self-Help Center website. The online route is faster and costs less — filing fees run $435 to $500 depending on your county, though you may be able to request a fee waiver if your income is low enough.
Key Takeaways
- File at your county Family Court, not a state office, and you can file in person or online through the California Courts Self-Help Center.
- You will need the child's birth certificate, both parents' income documents, and the other parent's Social Security number if available.
- Filing fees range from $435 to $500, but you can request a fee waiver if your household income falls below the county's threshold.
- The court will serve the other parent with papers, and they have 30 days to respond before a judge can make a temporary order.
- A child support order typically covers monthly payments plus health insurance, and the amount is calculated using California's guideline formula based on both parents' incomes.
The Forms You Need to File
California requires specific forms depending on your situation. The most common starting form is the Petition to Establish Parental Relationship (Form FL-200) if paternity has not been established, or the Request for Child Support Order (Form FL-605) if paternity is already established. Both forms ask for basic information about the child, each parent's income, and what you are asking the court to order.
You will also file a Declaration Under Penalty of Perjury (Form FL-110) that lists your income, expenses, and assets. This form is where you tell the court your actual financial situation — the judge uses it to calculate support. If you are requesting a fee waiver, you file a separate Application for Waiver of Court Fees (Form FW-001).
The California Courts Self-Help Center website has all these forms as fillable PDFs. You can download them, fill them out at home, print them, and bring them to the courthouse. If you file online, you upload the completed forms directly. Many counties also offer free help filling out forms at their self-help centers — call ahead to ask if yours does.
How the Court Serves the Other Parent
Once you file, the court does not immediately set a hearing. Instead, the court clerk sends a copy of your petition and a notice of hearing to the other parent. This is called service, and it must happen at least 30 days before any hearing. The other parent has 30 days to file a response.
Service can happen by mail, by a process server, or by the other parent signing a form acknowledging they received the papers. If the other parent cannot be found, you can ask the court for permission to serve them by publication (posting a notice in a newspaper), though this is slower and requires proof you tried other methods first.
If the other parent does not respond within 30 days, the court can make a temporary order based on what you asked for. This does not mean the case is over — they can still file a response later, and the order can change. But it means you do not have to wait for a hearing if the other parent ignores the papers.
What Happens at the Hearing
If the other parent responds and disagrees with your request, the judge will schedule a hearing. You and the other parent each get to present your income information and explain your situation. Bring your pay stubs, tax returns, and any other proof of income. If you have childcare costs, medical expenses for the child, or other relevant costs, bring documentation of those too.
The judge will not decide based on what either parent wants — California law requires judges to use a specific formula called the guideline calculation. This formula takes both parents' gross monthly income, the amount of time each parent spends with the child, and the cost of health insurance and childcare, then produces a number. The judge can order a different amount only if there are unusual circumstances, and they must explain why in writing.
You do not need to hire a lawyer for the hearing, though you can. If you cannot afford one, you can ask the court about free legal help through a legal aid organization in your county. The hearing usually takes 15 to 45 minutes, depending on how complicated your finances are.
What the Court Order Actually Covers
A child support order in California includes three parts: the monthly payment amount, health insurance, and sometimes childcare costs. The monthly payment is what most people think of as "child support." The amount depends on both parents' incomes and custody time, and it continues until the child turns 18 (or 19 if they are still in high school full-time).
The order also requires one or both parents to carry health insurance for the child if it is available through their job at a reasonable cost. If neither parent has insurance available, the court may order one parent to pay for a policy on the open market. The parent ordered to carry insurance pays the premium; the other parent usually reimburses half.
Childcare costs — for daycare, after-school programs, or similar care needed so a parent can work — are also split between parents according to the guideline formula. These costs are added to the base child support amount. The order specifies which parent pays the childcare provider and how much the other parent reimburses.
Payment and Enforcement After the Order Is Made
Once the judge signs the order, the paying parent must start making payments. In most cases, payments go through the Department of Child Support Services (DCSS), which is a state agency that collects payments and passes them to the receiving parent. The paying parent's employer is usually ordered to withhold child support directly from their paycheck — this is called wage garnishment.
If the paying parent is self-employed or does not have a regular employer, they can pay DCSS directly by check, online, or automatic bank transfer. DCSS sends the receiving parent a statement each month showing what was collected and paid out.
If the paying parent falls behind, DCSS can take action: intercepting tax refunds, placing a lien on property, suspending a driver's license, or referring the case to a collection agency. If circumstances change — either parent loses a job, gets a significant raise, or custody time changes — either parent can ask the court to modify the order. Modifications are common and do not require the other parent's agreement.
Fee Waivers and Free Legal Help
If you cannot afford the $435 to $500 filing fee, you can request a fee waiver by filing Form FW-001 and providing proof of your income. Most counties waive fees for households below 200 to 250 percent of the federal poverty line, though the exact threshold varies by county. If your waiver is approved, you pay nothing to file.
Free legal help is available through your county's legal aid organization. Search "[your county name] legal aid" to find the office nearest you. Legal aid attorneys can help you fill out forms, explain what to expect at a hearing, or represent you in court if you may have access to financially. Some counties also have self-help centers at the courthouse where staff can answer questions about the process for free.
The state also runs a child support hotline at 1-866-249-0773 where you can ask general questions about how the process works. This is not legal advice, but staff can point you toward resources in your county.
Frequently Asked Questions
Do I need to be married to the other parent to file for child support?
No. You can file whether you were married, in a domestic partnership, or never in a legal relationship. If paternity has not been legally established, the court will establish it as part of the child support case. If the other parent disputes paternity, the court can order a DNA test.
What if the other parent lives out of state?
California can still order child support from someone who lives in another state, as long as there is a connection to California — for example, the child lives here, or the other parent lived here when the child was born. You file in California, and the court uses a process called the Uniform Interstate Family Support Act (UIFSA) to enforce the order across state lines.
How long does the whole process take from filing to a final order?
If the other parent does not respond, you can get a temporary order within 30 to 60 days. If they respond and you go to a hearing, a final order usually comes within 2 to 4 months, though it can take longer if the case is complicated or the court calendar is backed up. Emergency temporary orders can sometimes be issued faster if there is an urgent need.
Can I file if I do not know where the other parent lives?
Yes, but service becomes more complicated. You will need to show the court that you tried to find them — through friends, family, their last known employer, or a search service. Once you have done that, you can ask the court to allow service by publication, which means posting a notice in a newspaper. This takes longer but allows the case to move forward.
What if I already have a custody order but no child support order?
You can file for child support separately using the same process. The existing custody order will be used to calculate support — you do not have to go back to court to change custody. File the Request for Child Support Order form and provide a copy of your custody order to the court.