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Child support is the ongoing obligation of one parent to make monthly payments to the other parent for the care and support of children of a relationship or marriage that has been terminated. In family law proceedings, child support is often arranged as part of a divorce, legal separation, or paternity action.
Child support is based on the policy that both parents are obligated to support their children, even when the children are not living with both biological parents. Though courts typically permit visitation rights to non-custodial parents, in such separations one parent is often awarded custody and the role of primary caregiver. In such cases, the other parent still remains obligated to pay a portion of the costs involved in raising the child. Child support may also be ordered to be paid by one parent to another when both parents are custodial parents and they share the child-raising responsibilities.
While the issues of child support and visitation may be decided in the same divorce or paternity action, in California the two rights and obligations are completely separate and individually enforceable. Custodial parents may not withhold contact to "punish" a noncustodial parent for failing to pay some or all child support required. Conversely, a noncustodial parent is required to pay child support even if he or she is partially or fully denied contact with the child.
Additionally, a non-custodial parent is responsible for child support payments even if he or she does not wish to have a relationship with his or her child. Courts have maintained that a child's right to financial support from parents supersedes an adult's wish not to assume a parenting role.
The most important factor in determining child support is the percentage of time you spend with your child. The percentage of time you spend with your child will determine whether you receive child support or pay child support and it will determine the amount of child support.
If your former spouse quits his or her job, and refuses to work, the California Family Code states that the court may, in its discretion and consistent with the child’s best interests, consider a parent’s earning capacity instead of his or her actual income when making a guideline support order. Thus, in a situation where the supporting parent capable of working quits his/her job and refuses to work; or where the supporting parent has the ability and opportunity to earn more than he/she is earning but is unwilling to do so, the Court may impute that parent with income.
There are many factors that are considered when calculating child support. Receiving a finalized child support order can be a complicated and difficult process depending upon the unique circumstances of your case. |
| Calculating Child Support |
It's best to consult with an experienced family law attorney who understands California’s calculation process.
California uses formulas that factor in:
1. Incomes of both parents
2. Assets of both parents (property, investments and so forth)
3. Medical expenses of the child
4. Current and projected child care expenses
5. Cost of current activities of the child
6. The amount of time the child spends with the non-custodial parent
7. How many children there are in each household
8. The age of the child or children
The court considers the “gross income" of each party in calculating child support.
Gross income includes:
1. Salary, wages, bonuses and commissions
2. Overtime pay, if you regularly work overtime
3. Income from rental property and other investments
4. Income from seasonal or part-time second jobs
5. Income from a business or corporation.
6. Income from dividends, pensions and trust income
7. Income from unemployment benefits, disability insurance benefits and social security benefits.
8. The value of nontaxable employment benefits received from an employer
9. In the Court’s discretion, it may consider the earning capacity of a parent in lieu of a parent’s income. |
| Modifying Child Support Orders |
In California, either parent may bring a motion (Order to Show Cause) to ask the court to recalculate child support at any time.
If you’re the paying parent, you may want to ask the court to recalculate child support when:
1. Your income has dropped or you become unemployed
2. The other parent's income or “ability to earn” has increased
If you are the parent receiving child support, you may want to ask the court for a recalculation when:
1. The paying parent's income has gone up or you discover the paying parent didn't disclose all income previously
2. Your income has dropped or you become employed |
| Be Proactive |
| It is critical that you obtain competent legal advice early on, so that the attorney can make a comprehensive evaluation of all the relevant issues. Determining a spouse’s “actual income” for setting child support may require extensive financial discovery, especially if one spouse is running a business or is otherwise not forthcoming with the truth about all the finances, assets, and debts. One spouse also may try to intentionally reduce their income to avoid their child support obligation. There are many other issues that likely will have direct impact on this issue. Seeking professional advice early on can insure the best possible outcome whether you are the payor spouse or the payee spouse. |
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| Backes & Associates offers excellent professional services in all aspects of Family Law including Divorce, Legal Separation, Domestic Partnerships, Child Custody and Visitation, Child Support, Spousal Support, Domestic Violence, Restraining Orders, Division of Property, Grandparent Rights, Premarital Agreements, Paternity and Adoptions. |
| Serving San Diego County, including North County, East County, and South County and, specifically including, the following areas: Pacific Beach, La Jolla, Bird Rock, Del Mar, Solana Beach, Cardiff, Encinitas, Rancho Santa Fe, Olivenhaim, La Costa, Carlsbad, Fairbanks Ranch, Oceanside, Vista, San Marcos, Escondido, Fallbrook, Rancho Bernardo, Rancho Peñasquitos, Mira Mesa, Poway, Point Loma, Coronado, Downtown, Miramar, Imperial Beach, Sorrento Valley, Carmel Valley, Temecula, Ramona, Alpine, El Cajon, Spring Valley, Chula Vista, San Ysidro, Julian, Clairemont, Lakeside, Jamul, Golden Hill, North Park, South Park, Hillcrest, Mission Hills,University City, UTC, Ocean Beach, Mission Beach, Scripps Ranch, Bonita, Borrego Springs, Valley Center, Lemon Grove, La Mesa, College Area, Linda Vista, Allied Gardens, San Carlos, Santee, Eastlake, Bonsall, Murrieta, San Clemente, San Juan Capistrano, Laguna Niguel, Mission Viejo, Lake Forest, Aliso Viejo, Dana Point, Orange County and Riverside County. |
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| DISCLAIMER: |
| The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Neither this web site nor its contents create an attorney-client relationship. |
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