§ 17402 Child Support Reimbursement Obligation

This law says that if a parent leaves their family and the family gets government help, the parent who left must pay back the county for that help. The amount they pay is based on child support rules.

Key Takeaways

•If a parent leaves and the family gets government help, that parent has to pay the county back.
•The amount they pay is based on child support rules and how much money they make.
•If both parents leave, their incomes are added together to figure out the payment.
•The parent must pay the local child support office, not directly to the family.

Example

A dad leaves his family, and the mom and kids start getting government money to help pay for food and rent.

The dad will have to pay the county back for that help. The amount he pays is figured out using child support rules, like how much money he makes.

How to Calculate

The amount is based on the child support guideline formula. If both parents leave, their incomes are added together and used in the formula.

Find out how much money each parent makes every month after taxes.
If one parent is still taking care of the kids, use the normal child support formula.
If both parents left and live together, add their incomes together and use that number in the formula. Then split the amount based on how much each parent makes.
If both parents left and live apart, figure out the child support amount for each parent separately, like they are both the parent who left.

Both parents leave their kids with a grandparent. Dad makes $3,000 a month after taxes, and mom makes $2,000 a month after taxes.

Result: The child support amount is figured out using $5,000 in the formula. Then, the dad pays 60% ($3,000/$5,000) of that amount, and the mom pays 40% ($2,000/$5,000).

(a) In any case of separation or desertion of a parent or parents from a child or children that results in aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code being granted to that family, the noncustodial parent or parents shall be obligated to the county for an amount equal to the amount specified in an order for the support and maintenance of the family issued by a court of competent jurisdiction. (b) The local child support agency shall take appropriate action pursuant to this section as provided in subdivision (l) of Section 17400. The local child support agency may establish liability for child support as provided in subdivision (a) when public assistance was provided by another county or by other counties. (c) The amount of the obligation established for each parent with a liability under subdivision (a) shall be determined by using the appropriate child support guideline currently in effect and shall be computed as follows: (1) If one parent remains as a custodial parent, the support shall be computed according to the guideline. (2) If the parents reside together and neither father nor mother remains as a custodial parent, the guideline support shall be computed by combining the noncustodial parents’ incomes. The combined incomes shall be used as the high earner’s net monthly disposable income in the guideline formula. Income shall not be attributed to the caretaker or governmental agency. The amount of guideline support resulting shall be proportionately shared between the noncustodial parents based upon their net monthly disposable incomes. (3) If the parents reside apart and neither father nor mother remains as a custodial parent, the guideline support shall be computed separately for each parent by treating each parent as a noncustodial parent. Income shall not be attributed to the caretaker or government agency. (d) A parent shall pay the amount of support specified in the support order to the local child support agency. (Amended by Stats. 2004, Ch. 305, Sec. 5. Effective January 1, 2005.)

Key Takeaways

•If a parent leaves and the family gets government help, that parent has to pay the county back.
•The amount they pay is based on child support rules and how much money they make.
•If both parents leave, their incomes are added together to figure out the payment.
•The parent must pay the local child support office, not directly to the family.

Example

A dad leaves his family, and the mom and kids start getting government money to help pay for food and rent.

The dad will have to pay the county back for that help. The amount he pays is figured out using child support rules, like how much money he makes.

How to Calculate

The amount is based on the child support guideline formula. If both parents leave, their incomes are added together and used in the formula.

Find out how much money each parent makes every month after taxes.
If one parent is still taking care of the kids, use the normal child support formula.
If both parents left and live together, add their incomes together and use that number in the formula. Then split the amount based on how much each parent makes.
If both parents left and live apart, figure out the child support amount for each parent separately, like they are both the parent who left.

Both parents leave their kids with a grandparent. Dad makes $3,000 a month after taxes, and mom makes $2,000 a month after taxes.

Result: The child support amount is figured out using $5,000 in the formula. Then, the dad pays 60% ($3,000/$5,000) of that amount, and the mom pays 40% ($2,000/$5,000).

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 17402 Child Support Reimbursement Obligation

Key Takeaways

Example

How to Calculate

Key Terms

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References