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.
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