How Much Is Child Support In California | Legal Advice

What is Child Support?

Child support is a court-ordered payment made by a parent to help provide financial support for their child. It typically covers expenses like:

• Food
• Clothing
• Housing
• Healthcare
• Education
• Childcare

Child support is determined based on several factors, including both parents’ incomes and custody arrangements. The goal of child support is to maintain the child’s lifestyle at a level similar to what they would have if the parents lived together.

How Long Does Child Support Last?

In California, child support generally continues until the child turns 18 years old. However, if the child is still a full-time high school student when they turn 18, child support will continue until they graduate or turn 19, whichever comes first.

There are some exceptions where child support may end sooner or extend longer, such as if the child marries, joins the military, or becomes self-supporting. Child support also continues if the child has a disability that prevents them from living independently.

What Impacts Child Support Payments?

Several factors play a role in determining the amount of child support that must be paid. The main elements considered are:

The Parents’ Monthly Incomes

• The incomes of both the paying parent and receiving parent are considered.
• The court looks at monthly gross income (before taxes and deductions).
• Overtime pay, bonuses, commissions, and income from second jobs may also be included.
• Income verification through pay stubs, tax returns, and other documentation is required.

The Amount of Time Each Parent Spends With the Child (Custody Arrangements)

• Child support obligations are influenced by how much time each parent has physical custody.
• More time with the higher-earning parent typically leads to less child support.
• Standard visitation time does not reduce child support payments.

Additional Significant Expenses

• Expenses like childcare, education, healthcare, and special needs may increase child support.
• Housing and food costs are factored into the basic child support guidelines.
• Extra costs must be proven necessary for the child’s needs.

Shared vs. Separate Expenses

• Some expenses may be handled separately between the parents.
• For instance, one parent may cover healthcare, while the other covers childcare.
• The court looks at the total care, support, and maintenance of the child.

How to Change a Child Support Order

If parents want to modify child support due to changed circumstances, they must file a request with the court. Reasons for changes may include:

• Increase or decrease in income of either parent
• Change in custody arrangements
• Child aging out or emancipating
• Additional expenses like healthcare, childcare, or education

The process involves filing paperwork, submitting evidence for the change, attending hearings, and getting a judge’s approval. Parents are advised to use attorneys to navigate the complex procedures.

Enforcing Child Support Orders

When the paying parent falls behind on child support payments, the receiving parent has options to enforce the court order, such as:

Steps for Enforcement

• Contact child support services – They can collect payments, track down parents, garnish wages and assets, suspend licenses, etc.
• Request an income withholding order – This garnishes child support from the payer’s paycheck.
• File contempt of court charges – The payer faces penalties like fines or jail time.
• Report payer to credit bureaus – Hurts their credit score and ability to get loans.

Resources Available

• Every California county has a child support agency that can assist with enforcement.
• The CA Department of Child Support Services helps locate missing parents across states.
• Private attorneys can file motions and use legal means to compel payment.

Calculating Child Support

California uses a standard child support calculator to determine payment amounts based on both parents’ incomes, custody timeshares, and other factors.

The Formula Used in California

• Starts with determining each parent’s monthly net disposable income (after taxes).
• Finds the total combined net income.
• First $1,000 of combined income is protected for parents’ basic needs.
• Remaining income is subject to child support guidelines:
  • One child – 30% of remaining combined income.
  • Two children – 35% of remaining combined income.
  • Three children – 40% of remaining combined income.
  • Four children – 45% of remaining combined income.
  • Five or more children – 50% of remaining combined income.
• Proportional income shares are calculated based on percentage of total income from each parent.
• Additional factors like medical expenses, childcare, etc. may adjust the final amount.

Financial Disclosure During Calculations

• Each parent must disclose assets, property, debts, income sources, living expenses, and anything relevant to determining incomes.
• Hiding income or assets risks perjury charges and contempt of court.
• Refusing to comply can result in default child support based on best available evidence.

Online Calculators and Resources for Estimates

Many resources can provide estimates or worksheets for calculating potential child support amounts, such as:

• California Child Support Estimator – State calculator
• CalculatorSoup – Basic estimates
• SupportPay – Estimates and guidelines
• California Courts Self-Help Center – Information and guides

However, the final child support order must come from the court after considering all evidence and factors.

Custody Arrangements & Child Support

The amount of time each parent has physical custody of their child impacts child support obligations.

How Sole Custody, Joint Custody, and Other Arrangements Affect Payments

Custody Type	Description	Impact on Child Support
Sole Physical Custody	One parent has primary custody and the child lives with them full-time.	Full child support payment to custodial parent.
Joint Physical Custody	Each parent has significant periods of custody, like 50/50 splits.	Reduced child support payment based on timeshare.
Sole Legal Custody	One parent makes key decisions about education, healthcare, etc.	Typically does not reduce child support payments.
Joint Legal Custody	Both parents share authority in decision-making.	Typically does not reduce child support payments.

Standard visitation of every other weekend does not alter child support calculations. But custody arrangements that increase overnight stays can lower payments for the higher-income parent.

Special Needs Children and Child Support

If a child has special needs, additional child support may provide for costs like:

• Specialized medical care
• Therapy and rehabilitation
• Tutoring or special education
• Residential treatment or care facilities
• Adaptive equipment and modifications

How Child Support May Be Adjusted for Children with Special Needs

• Upward deviation from standard child support guidelines.
• Order split of actual costs for things like medical bills, therapy, etc.
• Establish trust fund or savings account for current and future needs.
• Extend duration of child support past 18 if disabled.

Courts look at the totality of special expenses and aim to maintain the child’s standard of living. Parents must provide evidence of costs.

Tax Implications of Child Support

There are some tax considerations around child support:

Briefly Explain Tax Deductions and Credits

• For the paying parent – Child support is not tax deductible for federal taxes, but may be deductible for state taxes in some states including California.
• For the receiving parent – Child support is not counted as taxable income. Some tax credits like the Earned Income Credit take child support into account.
• Dependents – The custodial parent claims dependents and associated credits like Child Tax Credit. Releases can allow non-custodial parent to claim.
• Seek professional tax advice to understand implications in specific situations. Proper reporting is required.

Alternatives to Lawyers for Child Support Disputes

Parents can resolve child support disputes without resorting to expensive litigation in some cases. Options include:

Mediation

• Voluntary process using a neutral mediator to reach agreement.
• Focus is on cooperation and best interest of child.
• Allows creative solutions tailored to family situation.
• Mediated agreements can become enforceable court orders.

Court-Ordered Services

• Judge may order mediation or arbitration by family court services.
• Using evaluators, counselors, or other court resources.
• Aims to resolve conflicts, set child support, and finalize custody.
• Court has final approval authority over any negotiated agreement.

High-Conflict Situations and Child Support

In high-conflict situations, such as domestic violence cases, amicable agreement may not be possible. Some options in these sensitive cases include:

• Requesting supervised visitation to allow child support without compromising safety.
• Using counselors or social workers to facilitate discussions or custody exchanges.
• Relying on the court to handle negotiations and use enforcement tools like wage garnishment.
• Seeking protected anonymity for location and identity.

Consulting experienced attorneys is advised to navigate legal rights and ensure access to support. Safety of the child is paramount.

Frequently Asked Questions About Child Support in California

Here are answers to some common questions about child support:

How does health insurance for the child factor into child support?

• Providing health insurance is separate from monthly child support payments.
• The cost of insurance premiums may justify an upward adjustment in support.
• Or the court may order one parent to cover the child’s healthcare coverage.

What happens if one parent receives public assistance?

• The state will pursue child support from the other parent to offset assistance costs.
• Payments collected pass through the state before being disbursed to the custodial parent.
• Failure to pay can result in harsh enforcement like revoking licenses.

How are modifications to child support orders handled?

• A parent must file a request with the court to modify an existing order.
• They must demonstrate a significant change in circumstances, like income or custody changes.
• The court will evaluate evidence and issue a decision.
• New child support amount takes effect only after signed court order.

Conclusion

Determining child support in California involves many complex factors, calculations, and legal procedures. While general guidelines and estimates can provide a useful overview of what to expect, the specifics of each family’s situation are taken into account when setting support orders. Consulting with legal and financial professionals can help parents understand their rights and obligations. Most importantly, maintaining focus on the best interests of the children involved, and working cooperatively as co-parents whenever possible, leads to the healthiest arrangements and outcomes. With patience and proper guidance, California’s child support system aims to reach equitable solutions that provide stability and care.