Child support laws are designed to ensure that a child is financially supported by both parents, even if the parents are no longer together. These laws are based on the child’s best interest to ensure that their basic needs, such as food, housing, medical care, and education, are sufficiently met.
As a parent, child support will likely be one of the most significant ongoing expenses you will face, so it’s essential to understand the laws surrounding it. If you are seeking child support or have been ordered to pay child support, this article will help you understand California’s child support laws, how child support is calculated, and other important information you need to know.
How is Child Support Determined?
In California, both parents are legally obligated to support their child financially. In most cases, child support is typically paid to the custodial parent from the non-custodial parent.
When deciding child support, the court considers each parent’s income from all sources, regardless of whether it is reported or taxed under federal law. Simply put, the court bases child support payments on the net disposable income of each parent and how much time the child spends with each parent.
Some forms of income are not included when calculating child support. These include the following:
- Payments from public assistance programs
- Child support a parent receives for children from another relationship
- SSI benefits
- Student loans
- Inheritances and one-time gifts
- Appreciation of the parent’s home
- Life insurance payments
How is Child Support Calculated in California?
Before calculating child support in California, the court must evaluate each parent’s gross income, the time the child spends with each parent, and any income tax deductions the parents can claim (i.e., mortgage interest, health insurance, pension, union dues, etc.). After considering these factors, the judge can plug the information into the guideline calculator to determine the amount of child support.
Child Support Calculation Equation
The equation used to calculate child support is as follows:
CS = K (HN – (H%) (TN))
CS = Child Support, or the amount of child support
K = The parent’s total combined income to be used for child support
HN = High Net, meaning the net disposable income per month for the higher-earning parent
H% = Stands for the average percent of time the higher-earning parent will spend with the child
TN = The combined disposable income of both parents
Factors Affecting Child Support Calculations
When calculating child support in California, the following factors are considered.
- Each Parent’s Income — This includes salaries, wages, and other regular income, bonuses, commissions, overtime, self-employment income, unemployment and disability benefits, income from rental properties, dividends, interest, and alimony received from a prior marriage. In cases where parents are not married, custody arrangements play a crucial role in determining child support obligations.
- How Much Time the Child Spends With Each Parent — The parent who spends the most time with the child incurs more expenses, so that parent may receive more child support from the other. The child’s exact percentage of time with each parent affects the support amount.
- Tax Implications — Child support is not tax deductible for the paying parent or taxable income for the receiving parent. However, factors such as the number of exemptions each parent can claim, dependent care or child tax credits, and alimony payments can affect each parent’s disposable net income.
- The Cost of Health Insurance — The child’s healthcare is a priority when determining child support and can significantly affect child support calculations. If one parent carries health insurance for the child, their expense can be offset or shared when calculating child support. Uncovered medical costs, such as copays and deductibles, are shared by both parents.
- Special Needs or Expenses of the Child — Children with special needs often require increased support payments. Factors such as medical care, therapy costs, special education, and other services can lead the courts to adjust child support payments for these circumstances.
Can Parents Agree to a Different Amount of Child Support?
While the courts use specific guidelines when calculating child support, there could be a valid reason why a different amount of child support should be ordered. California Family Code §4057(b) lists factors that can justify a child support amount being different than what was calculated using the guidelines.
Some of these factors include:
- The paying parent has an extremely high income, and the amount determined under the guidelines would exceed the child’s needs.
- A parent fails to contribute to the child’s needs at a level equal to their custodial time.
- Parents spend equal time with their child, and one parent has a higher or lower income percentage used for housing than the other parent.
- There are special medical or other needs of the child that would necessitate a higher amount of child support than what was calculated using the child support guidelines.
How Long Child Support Payments Must Be Made
Typically, child support is required until the child turns 18. However, if the child still lives with a parent and is a full-time high school student, support could continue until they turn 19 or graduate from high school, whichever comes first.
There are exceptions for children with disabilities. In this case, support may continue indefinitely.
Modifying Child Support Orders
If there are significant changes in circumstances, child support orders can be modified. For example, if the parent paying child support loses their job or experiences a substantial decrease in income, they can request a modification.
Either parent can request a modification. However, both parents must agree to the change, or the parent requesting the modification must seek a court order before the amount can change.
Let The Gorski Firm Help You Navigate the Complex Legal Issues Related to Child Support
Child support in California is a critical aspect of ensuring children receive the financial support they need to thrive post-separation or divorce. Understanding the calculation process and legal framework is essential for both parents to fulfill their obligations and ensure the best interests of their children.
At The Gorski Firm, we’ve helped parents navigate child support issues for years. We can help you understand how child support is calculated, ensure that the proper information is used when calculating support payments, and ensure that the best interests of you and your child are protected during the process.
Don’t navigate the complex legal issues related to child support alone. Contact us today for a consultation.
