How Much is Child Support in California – FACTORS
How much is child support in California is determined based on the following factors:
- Time each parent has with the child ( % mother time, % father time.
- Father’s and mother’s gross income.
- Some payroll deductions
- Tax deductions either parent can claim
How Much is Child Support in California – Guideline FORMULA
The foundation of child support in California is Guideline set in the California Family Code, §§ 4050 to 4076. We have discussed the underlying principles and the purpose of the Guideline in the article child support on this website.
how much is child support in California can be generally calculated by the complex formula:
Child Support= combined total of both parents’ income to be allocated for child support (Higher parent income – % higher earner with child X combined total net monthly disposable income of both parents.
Practically, neither attorneys nor judges use the formula, they use the software calculation child and spousal support called dissomaster.
If both parents are represented and the hearing is in the courthouse ( in the alternative of on-line appearances), usually the judge sends both attorney in the special room in the courthouse to determine how much is child support in California. The important point to address is before calculating child support, the court ( or parents themselves) needs to establish child custody and visitation.
The first factor in calculating how much is child support in California is the percentage of time spent with the children.
How Much is Child Support in California – TIMESHARE
In the calculation of the percentage of the time, the parent should count how many hours he/she spend with the child a week in average. Keeping in mind – 168 hours/ week and 52 weeks/year you can estimate the basic percentage a year. After that, you should include holidays, special days such as Mother’s Day and Father’s Day, vacations.
The second factor is the father’s and mother’s income. In order to apply for child support, both parents must exchange income and expense declaration with attached pay stubs for the last two months or tax return if a parent is self-employed. There are separate sections in a dissomaster to place an income from your employment or self-employment.
Sometimes the court can deviates from the guideline calculation of child support. For example, if one parent’s income is very high and the child’s needs are satisfied from the reasonable child support amount, the court would not calculate the child support according to dissomaster.
Another example is when a child has special needs or additional medical assistance, the court will require more than guideline calculation of child support.
Determining child support in California is a complex process that involves various factors and guidelines. Here’s a further breakdown of how child support is calculated in California under state law:
Factors Considered in Child Support Calculation:
- Time-Sharing Percentage: One of the primary factors in calculating child support is the percentage of time each parent spends with the child. This is typically measured in terms of the number of overnight visits and is crucial in determining the child support amount.
- Gross Income: Both parents’ gross income plays a significant role in child support calculations. This includes not only their salaries but also other sources of income, such as bonuses, commissions, rental income, and investments.
- Payroll Deductions: Certain payroll deductions, such as mandatory retirement contributions, union dues, and health insurance premiums, can impact the child support calculation by adjusting the parent’s net income.
- Tax Deductions: Tax-related factors, such as claiming dependents and tax credits, may also affect child support calculations. It is essential to determine which parent is eligible for these deductions and how they can impact the child support amount.
Child Support Calculation Formula:
Child support in California is primarily determined by the Guideline formula set out in the California Family Code (§§ 4050 to 4076). While the formula is complex, it can be summarized as follows:
Child Support = Combined total of both parents’ income allocated for child support (Higher earner’s income – % of higher earner’s time with the child) x Combined total net monthly disposable income of both parents.
In practice, attorneys and judges often use specialized software like “dissomaster” to calculate child support accurately. This software takes into account all the relevant factors and provides a more precise child support amount.
Deviations from Guideline Calculation:
In some cases, the court may deviate from the guideline calculation of child support. Factors that can lead to deviations include:
- High Parental Income: If one parent’s income is exceptionally high, and the child’s needs are met without following the guideline calculation, the court may adjust the child support amount.
- Special Needs: If a child has special needs or requires additional medical assistance, the court may order child support above the guideline amount to cover these expenses.
- Agreement between Parents: Parents can mutually agree on a child support amount that deviates from the guideline calculation, as long as it is in the best interests of the child.
- Shared Expenses: The court may consider shared expenses, such as private school tuition or extracurricular activities, when determining child support amounts.
- Unemployment or Underemployment: If a parent is voluntarily unemployed or underemployed, the court may impute income based on their earning capacity rather than their actual income.
It’s essential to consult with an attorney who specializes in family law when dealing with child support matters in California. They can provide guidance based on your specific circumstances and help you navigate the legal process to ensure that child support is calculated accurately and fairly. If you need assistance with child support issues in California, you can reach out to a qualified attorney for personalized advice.
Additional Factors Affecting Child Support in California
In addition to the standard guidelines and factors already discussed, several other considerations can influence child support calculations in California. Understanding these additional elements can provide a more comprehensive view of how child support is determined.
Health Insurance and Uninsured Medical Expenses
California law requires that child support orders include provisions for health insurance coverage if it is available at a reasonable cost. The court may order either parent to maintain health insurance for the child. Additionally, parents are typically required to share the cost of uninsured medical expenses, which can include deductibles, co-pays, and any medical treatments not covered by insurance.
Childcare Expenses
Childcare expenses necessary for a parent to work or attend job training can be added to the basic child support obligation. This includes costs for daycare, after-school programs, and babysitters. These expenses are usually shared proportionately based on each parent’s income.
Extracurricular Activities and Educational Costs
Expenses related to extracurricular activities, such as sports, music lessons, or tutoring, can be considered in child support calculations. Similarly, educational costs, including private school tuition and other educational expenses, may be factored into the support amount if they are deemed necessary and appropriate.
Travel Expenses for Visitation
In cases where parents live far apart, the court may consider the travel expenses associated with visitation. This can include costs for airfare, gas, and lodging. The court can order either or both parents to contribute to these expenses to facilitate regular visitation.
Imputed Income
If a parent is intentionally unemployed or underemployed, the court can impute income based on their earning potential rather than their actual earnings. This means the court will estimate what the parent could be earning based on their skills, education, and job opportunities. This ensures that a parent cannot avoid their financial responsibilities by choosing not to work or by working below their capacity.
High-Income Parents
For high-income parents, the court may deviate from the standard guideline calculation if it is determined that the child’s needs are met with a lower amount of support. In such cases, the court may order an amount that still ensures the child’s well-being without providing an excessive windfall.
Low-Income Parents
If the paying parent has a very low income, the court may adjust the child support amount to ensure it does not fall below the state’s self-support reserve, which is the minimum amount of income a person needs to meet their basic living expenses. This ensures that the parent can still maintain a basic standard of living while fulfilling their child support obligations.
Changes in Circumstances
Child support orders can be modified if there is a significant change in circumstances. Changes that might warrant a modification include:
- Income Changes: Significant increase or decrease in either parent’s income.
- Custody Changes: Changes in the percentage of time the child spends with each parent.
- Health Changes: Changes in the child’s health needs or a parent’s ability to work due to health issues.
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