Child Support
Child support is a court order specifying an amount of money that must be paid each month to help support a child’s living expenses.
In California, there are specific guidelines for the courts to follow to determine the proper amount of child support payments. The calculations consider a number of factors, including the income of each parent, how many children there are, and how much time each parent spends with the children. The support order may include specifications as to the division of payment for extracurricular activities, schooling expenses, child care expenses, health insurance and other medical bills.
Both Parents Are Equally Responsible
In California, both parents of a child are equally responsible for financially providing for the needs of his or her child. When parents separate or divorce, one of them must ask the court to make an order of child support. After a child support order is made, the payments are usually made until the children turn eighteen. Modifications to the order may occur as circumstances change throughout the child’s life.
When the child is born to a married couple, the law automatically assumes that the husband and wife are the parents. If the child is born to an unmarried couple, the first step is to establish paternity. To determine paternity, either the father may sign a voluntary declaration or the situation may require genetic testing. Once paternity has been established, a court can order a parent to pay the other child support.
Calculating Child Support
California has a statewide formula called a “guideline calculation” for determining the appropriate amount of support. The parents may agree to an amount on their own. However, neither parent can “waive” child support requirements. The court will always retain the power to order one parent to pay the other support.
If the parents of the child cannot agree to an amount, the judge will decide the proper amount based on guideline calculations. The guideline calculations consider the following factors:
- How much money each parent earns, or is able to earn;
- How many children the parents have with each other;
- The time each parent spends with the child(ren);
- The tax filing status;
- Support of children from other relationships;
- Health insurance expenses;
- Mandatory union dues and retirement contributions;
- The cost of sharing daycare and uninsured health-care costs; and
- Other factors that are less common
The court presumes the calculated guideline amount to be accurate. The judge can only differ from the guideline amount in limited circumstances.
At Davies Wegner Law, we can inform you of your rights or obligations for child support. We can run a guideline support calculation for you to help you align your interests with the actual order. If you feel like you are overpaying or being underpaid, call us and we can help determine whether a child support order modification is appropriate. To set up a consultation and guideline report, call us at 310.481.0300.