New Child Support Law In California Family Law.

In Jackson v. Jackson (1975) 51 Cal.App.3d 363, [124 Cal.Rptr. 101], the court held that in a marital action, when a couple switched custody, and the children went to live with the father, California law would allow credit to the father for the child support he rendered to the children while they were in his custody. It was in this case the oft-use term “Jackson credits” was coined. The present case is different in that the parents are not married and there is a paternity action judgment wherein the parents agreed to visitation and child support. However, at some point, the father moved back to the home with the mother and the children. After their attempted reconciliation failed, the father claimed credit for the child support he rendered to the children while living with them. The trial court concluded the father was not entitled to Jackson credits because there was not a total reversal of custody, as there was in the Jackson case, but an attempted reconciliation. In reversing, the appellate court stated: “We conclude the equity approach—allowing credit for child support actually given during a period of cohabitation—is the one that best accords with existing California law and the statutory scheme.” (Helgestad v. Vargas (Cal. App. Fourth Dist., Div. 3; November 18, 2014) 231 Cal.App.4th 719, [180 Cal.Rptr.3d 318].)