Child Support

California has a statewide formula (called a "guideline") for figuring out how much child support should be paid.

The guideline calculation depends on:

• How much money the parents earn or can earn;
• How much other income each parent receives;
• How many children these parents have together;
• How much time each parent spends with their children (time-share);
• The actual tax filing status of each parent;
• Support of children from other relationships;
• Health insurance expenses;
• Mandatory union dues;
• Mandatory retirement contributions;
• The cost of sharing daycare and uninsured health-care costs;
• and other factors.

The child support order may also require the parents to share the costs for:

• Child care to allow the parent to work or to get training or schooling for work skills;
• Children’s reasonable health-care expenses;
• Traveling for visitation from 1 parent to another;
• Children’s educational needs;
• and other special needs.

The guideline amount is presumed to be correct.

Figuring out "income" to calculate child support

The court bases child support on a parent’s "net disposable income." This means the parent’s income after state and federal taxes and other required deductions. The court may order support based in part on bonuses, commissions, overtime, and other supplemental or non-wage income if the court determines that this income occurs regularly.

Certain income is NOT counted when determining a child support obligation. For example, the court cannot consider income from:

• CalWORKs
• General Assistance/General Relief, or
• SSI (Supplemental Security Income).

Figuring out "time-share" to calculate child support

The court will calculate "time-share" (how much time each parent spends with the children) by comparing the amount of time that each parent has primary physical responsibility for the child. In general, this means that the court will count the numbers of hours or other portions of the day a parent spends with his or her child.

Usually, child support payments will decrease as time-share increases.

Keep in mind that a child support order is separate from child custody and visitation, so you cannot refuse to let the other parent see the children just because he or she is not making the child support payments that the court ordered. And you cannot refuse to pay child support just because the other parent is not letting you see your children. But child support and custody are related because the amount of time each parent spends with the children will affect the amount of child support.

Child Support can be modified by filing a Request For Order, until the child attains the age of 18 years old.



For more information about child support please contact us today.