What happens at a child support hearing in California?

What the law says

California Rules of Court, rule 5.260(a): except as the rule provides, “for all hearings involving child, spousal, or domestic partner support, both parties must complete, file, and serve a current Income and Expense Declaration (form FL-150) on all parties.” In a child support hearing, a parent who meets its requirements may file a Financial Statement (Simplified) (form FL-155) instead (rule 5.260(a)(4)). “Current” means completed within the past three months, if no facts have changed (rule 5.260(a)(3)). Form FL-150 says: “Attach copies of your pay stubs for the last two months and proof of any other income. Take a copy of your latest federal tax return to the court hearing.”

Family Code section 4052: “The court shall adhere to the statewide uniform guideline and may depart from the guideline only in the special circumstances set forth in this article.” The formula in section 4055 uses the higher earner’s net monthly disposable income, both parents’ total net monthly disposable income, and the share of time the higher earner has primary physical responsibility for the children. Under section 4057(a), the result “is presumed to be the correct amount of child support to be ordered.” A parent who argues for a different amount must file a declaration giving the amount and the reasons under section 4057 (rule 5.260(b)(1)).

Section 217(a): at the hearing, unless the parties stipulate or the court finds good cause, “the court shall receive any live, competent testimony that is relevant and within the scope of the hearing and the court may ask questions of the parties.” Under section 4251, cases filed by the local child support agency, and other parties’ requests to change or enforce those orders, go to a child support commissioner unless one is not available, and “The commissioner shall act as a temporary judge unless an objection is made by the local child support agency or any other party.”

• California Rules of Court, rule 5.260 (courts.ca.gov)
• Form FL-150, Income and Expense Declaration, Rev. September 1, 2024 (PDF)
• Family Code section 4052 (leginfo.legislature.ca.gov)
• Family Code section 4055 (leginfo.legislature.ca.gov)
• Family Code section 4057 (leginfo.legislature.ca.gov)
• Family Code section 217 (leginfo.legislature.ca.gov)
• Family Code section 4251 (leginfo.legislature.ca.gov)

What to do next

The self-help guide on hearings says the judge might ask “If there is anything you have to add to what you already wrote in your papers” and “Why the other person's solution doesn't work,” and that “Usually, the judge will make a decision that day.” After the decision, court staff or one of the parties prepares the written order; a party who prepares it uses Findings and Order After Hearing (form FL-340). Run the guideline yourself first so the number is not a surprise.

• California Courts self-help: what to expect at a Request for Order hearing
• Form FL-150, Income and Expense Declaration
• Free California child support calculator
• What questions will the judge ask at a custody or child support hearing?
• Preparing for your California hearing