Some of the most common concerns for divorcing parents revolve around child support—specifically who will be required to pay, and how much.
Unfortunately, since child support isn’t standardized, those questions don’t have easy answers. Instead, California child support payments are determined using an equation that factors each parent’s finances against the amount of time they spent parenting.
Here’s a little bit more about how child support is calculated in California, and how the team at Maples Family Law can help estimate what you’ll likely pay.
Child Support Overview
In California, child support can be defined as: money that one parent pays to the other for the purpose of supporting their child.
The need for these payments comes up most often during divorce and separation, however, it can also be applicable to unmarried parents in need of a structured parenting plan.
Child support amounts vary from family to family, and will ultimately be determined by your judge, in conjunction with state guidelines. Payments are almost always made by the non-custodial parent to the custodial one, and will be heavily influenced by the division of time outlined in your custody and visitation agreement.
The rules governing these calculations are laid out in the California Child Support Guidelines.
California Child Support Guidelines
In California, both parents have the obligation to support their child, according to their station and means—a burden they share in equal measure.
To help parents meet these obligations, the California Child Support Guidelines were structured with a twofold purpose:
To lay out a clear-cut, minimum level of support required for one child; and,
To make support calculations uniform across the board, regardless of income level.
By structuring the rules this way, California takes much of the guesswork and subjectivity out of child support, lessening the variability between cases, and making amounts (relatively) easier to determine, overall.
While judges do have the power to alter or adjust the final amount produced by the child support equation, they can only do so under certain, specific circumstances—all of which are also outlined and governed by state guidelines.
Calculating Child Support: Income and Custody
To calculate support payments, California courts use a complex equation that relies heavily on the interplay between the parents’ respective finances, and the amount of time each will spend with their child.
This requires you to know both your net disposable income, as well as your parenting timeshare percentage (as outlined by your custody agreement).
Net Disposable Income
A person’s net disposable income is calculated by taking their gross income, and adjusting that number for deductions. To do this, you will need the numbers for:
Your gross annual income (which is your pay before deductions);
All income tax deductions;
All payroll deductions (such as health care, union dues, and pensions); as well as,
Any childcare costs you have incurred.
Keep in mind you will need both your own net disposable income, as well as the combined numbers for both you and your spouse.
Custody Agreement
The other important element that’s critical to California’s child support equation, is your parenting timeshare percentages.
In California, it’s typical for the non-custodial parent to make support payments to the primary resident parent. This is because the primary resident parent (or “custodial parent”) is usually incurring higher costs by having the child live with them, full time. How much time, however, is critical to determining child support amounts.
As a general rule, the less time you spend with your child, the more child support you’re likely to pay.
Parenting time is something that you can decide on together, outside of court, through alternative resolution methods such as mediation. If you are unable to agree, however, a judge will decide on custody arrangements as part of your divorce.
The California Child Support Equation
Once you have the necessary financial and parenting time information, your child support can be calculated using this equation:
CS = K [HN – (H%)(TN)]
While this might look a bit scary, once you know which letters stand for what, things start to make a little more sense:
CS—child support.
K—the total amount of both parents’ income that will be devoted to child support. (A number that is based on evaluating how much each parent earns against the percentage of time each spends with their child.)
HN—which stands for “high net,” and represents the spouse with the highest net disposable income.
H%—the percentage of time that the high net parent spends with their child.
TN—the combined disposable income of both parents.
So, to put it a little more simply, child support (CS), equals (K). And to find out (K), you:
Take the high earner’s percent of parenting time (H%), and multiply it by your combined disposable income (TN). Then,
Subtract that number from the total disposal income of the high net earner (HN).
As you can see, even simplified, this is a pretty complicated process. (Which is usually why even the best of attorneys and judges take full advantage of the state’s child support calculator!)
Special Adjustments
According to the California Family Code, judges are allowed to adjust the final amount of your equation under certain circumstances, such as when:
You’ve both agreed to a different arrangement (and the judge deems it appropriate);
One parent has an extraordinarily high income, which (when plugged into the equation), results in an amount that far exceeds the child’s needs;
The amounts would be unjust (as determined by the judge);
Your parenting times are nearly equal, but there’s a significant disparity in wealth;
One parent is spending a lot more in housing for the child than the other;
The child has special needs or medicine; and,
Situations where the child has more than two parents.
Judges are also allowed to account for “add-on” costs, which include expenses incurred for:
Child care costs related to employment, education, or training for employment;
Uninsured health care expenses for the child;
Costs related to a child’s education or other special needs; as well as,
Travel expenses for visitation.
Finally, we should mention that the results of the above equation are only accurate if you have one child. For parents with multiples, further adjustments will need to be made based on the number of children you have, as well as how much time each parent spends with each, individual child.
For help navigating this confusing minefield, it’s best to talk to an experienced family law attorney, who can also ensure you get the most accurate estimates.
Child Support Attorneys in California
At Maples Family Law, we understand the unique challenges parents face when getting divorced, and want to do everything possible to help give your child the bright future they deserve.
If you have more questions about how child support is calculated in California, and what that might look like in your situation, we want to hear from you. Call us at (209) 989-4425, or get in touch online to schedule your consultation today, and let us ensure your child’s best interests are met.
Divorce is complicated. Splitting a life into two parts is daunting enough all on its own, but—just like everything else in life—with children involved, things gets trickier. Between custody, and visitation schedules, there’s a lot to figure out when it comes to kids, and child support certainly isn’t cheap. If you’re a parent contemplating divorce, and you’re fairly sure that your kids won’t live with you most of the time, you’re not alone in wondering when child support ends in California.
Here’s what you need to know about California child support, including how to estimate the amount of your payments, and how long these obligations will last.
What is Child Support?
If your divorce goes a lot like most we see, your child custody arrangement won’t result in a 50/50 physical custody split. Instead, the division will be unequal, with the primary custodial parent spending a lot more on child-related expenses than the other. In these situations, child support is meant to help offset the incredible costs of raising a child, and is usually made by the non-custodial parent in a divorce.
What is Child Support For?
Child support is money intended to help pay for a child’s expenses. While this naturally means food and clothes, these funds aren’t just about essential survival. Child support payments can be used to pay rent, compensate for transportation costs, buy groceries—even if they feed other people in the house—and can even cover things like extracurricular activities and entertainment for the child. These funds are a contribution to the family’s community money that helps keep the child’s standard of living intact.
In general, courts do not micromanage how child support funds are spent, and short of obvious neglect or abuse, a parent isn’t going to be required to make an accounting of them. Not only would such a thing not be feasible (since children are so integrated into our lives and expenses), but it would also place a huge, unnecessary strain on an already-overloaded court system.
Child Support Obligations: More Than Just Money
Child support isn’t only a financial payment each month, it also includes things like healthcare coverage (such as medical, vision and dental). Parents who already have insurance will likely be ordered to continue this coverage, so long as the costs are reasonable. If health insurance payments are made out of pocket, these obligations can be used to offset the total owed in child support. In the event that neither you or your spouse has health insurance when you divorce, don’t be surprised if a judge orders you to start paying for it, as it’s pretty standard procedure for courts to require healthcare in child support and parenting orders.
In addition to healthcare insurance, your divorce order will likely include a separate provision addressing expenses accrued out of pocket (such as a deductible or any uninsured medical costs). Since both parents are responsible for financially providing for their children, if you end up shouldering these kinds of expenses while caring for your child, you should be entitled to a fifty percent reimbursement from your former spouse.
Do You Have to Agree on a Child Support Amount?
Under California law, parents don’t have a lot of say in the amount of child support. The state has specific guidelines on how much money a non-custodial parent has to pay for the care of his or her child, and unless you have special circumstances, the court isn’t going to deviate from these guidelines.
The only exception, is if the non-custodial parent wants to pay more than the court orders. If both parents agree to payments that are greater than what California’s guidelines require, the court will likely honor this arrangement.
If you are curious what your payments might look like, try using this child support calculator. Keep in mind, however, that this amount can be adjusted to fit what’s “fair and reasonable,” and the final amount will ultimately be up to your judge.
When Does Child Support End in California?
Many individuals assume that child support payments end when the child turns eighteen, and this isn’t the case. In California, a non-custodial parent is typically required to pay child support until the child turns nineteen, or until high school graduation, whichever comes first. The only circumstances a parent can stop paying child support early, is if the child:
Gets married;
Joins the military;
Becomes emancipated; or
Passes away.
Do Child Support Payments Have to End When a Child is Old Enough?
Parents can agree to pay child support for as long as they want. Usually, extending payments beyond the child’s age of majority happens when parents want to pay for college. If you or your spouse are willing to continue paying child support during the time your child is in college, this can be written into your divorce agreement. The key is that you must both agree.
California Child Support Attorneys
If you have questions about child support in California—including queries about calculating payments, and when this support will end—we can help. Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online, and let our team help make sure your child support needs are being met.
Most people are unfamiliar with California’s child support laws—and that’s okay, because most people haven’t had to deal with them. Unfamiliarity aside, there are several myths floating around about child support in California, and if you’re going through a divorce with children, you need to know what’s true… and what’s not.
5 Myths About Child Support in California That You Likely Believe
Your Stockton divorce attorney will walk you through the ins and outs of California child support law and answer all your questions. In the meantime, be on the lookout for these five myths.
California Child Support Myth #1: I Can Stop Paying When My Child Turns 18
While some kids turn 18 after their senior year in high school, many become legal adults while they’re still in high school. If your child is a full-time high school student who lives with a parent, child support is still due—even if he or she is over the age of 18. A child support obligation ends when the child turns 19 or graduates from high school, whichever occurs first.
Child support also terminates if the child gets married, joins the military, becomes emancipated, or passes away.
California Child Support Myth #2: The Court Must Follow California’s Child Support Guidelines
Typically, the courts follow California’s child support guidelines. However, if there’s a legal reason to deviate and the court feels it’s necessary, the judge in your case may make an exception. Some reasons the court can make exceptions to the child support guidelines include:
Both parents agreeing on a different amount that is still fair for everyone involved
When one party’s income is so high that the child support guidelines would provide far more money than the children need to share in their parents’ lifestyle
When one party is not contributing to the children’s needs at a level that’s fair for the amount of custodial time they have
When parents have different custodial arrangements with different children
When both parents share equally in the time they spend with their children, but they don’t share equally in terms of financial support
When children have special medical or other needs
When children have more than two parents
California Child Support Myth #3: It’s Okay to Keep the Kids if Your Ex Doesn’t Pay Child Support
Regardless of your ex’s payments—whether they’re late, short, or even non-existent, you can’t deny him or her visitation with your children. If your ex isn’t paying child support, talk to a Stockton child support lawyer who can help; don’t withhold your children, because that can be a crime… and it can backfire on you when the judge in your case changes your custody agreement.
California Child Support Myth #4: You Don’t Have to Pay for Health Insurance if You Pay Child Support
In the state of California, every child support order has to include a provision on medical support. Medical support is independent of child support, which means one or both parents must provide their children with health insurance (as long as that insurance is available at no cost or at a reasonable cost).
Under the law, “health insurance” refers to medical, dental, and vision coverage.
California Child Support Myth #5: You Don’t Have to Pay Private School Tuition if You’re Paying Child Support
Whether or not you have to pay private school tuition is at the court’s discretion. If your children have been attending private school instead of public school, the court may order a certain amount of additional child support to cover the tuition.
However, that doesn’t mean you can insist that your kids begin going to private school after the divorce, unless there are exceptional circumstances (like you’ve moved to a neighborhood with a terrible school out of necessity, and you can show that your children won’t thrive there). Even when there are special circumstances, though, the choice on whether to order additional funds for private school tuition is in the judge’s hands (unless you and your ex-spouse can reach a fair agreement on your own).
Do You Need to Talk to a Family Lawyer in Stockton About Divorce or Child Support?
If you have questions about divorce, custody, child support, alimony, or any other matter related to the dissolution of marriage, we can help.
Call us at 209-910-9865 or contact us online for a divorce consultation with an experienced attorney. You don’t have to do this alone—we’re here to answer your questions and help you begin moving forward with your life.
If you have a child with someone who is not your spouse or is a former spouse, getting child support can be a necessity in order to ensure the continued health, welfare and wellbeing of both yourself and your child.If you live in California that process can be accomplished by requesting an order for child support from the appropriate court. A court order can be requested either directly by going to the court or indirectly through a local child support agency. However, how the process is initiated will depend on whether or not you already have an open family law case.
Who Can Seek Child Support?
Anyone with a child can request child support from the other responsible party. For example, single mothers can request that the biological father pay support, same-sex couples, where both parents are the legal parent of the child, can request child support, and divorcing couples with children can request child support.
How Does the Court Decide Who Has to Pay Child Support?
If the parents are married at the time the child is conceived or born, then both are automatically presumed responsible and the court will usually require the non-custodial parent to pay child support to the custodial parent. However, if the parents are not married, then the parentage of the child must be established before a court can issue a child support order. (How to establish parentage is discussed below.)
PROCEDURE WHEN YOU HAVE AN OPEN FAMILY LAW CASE
It’s much easier to get a child support order when you already have an open family law case. The court recognizes several different types of family law cases, including:
Divorce cases (dissolution of marriage)
Legal Custody cases
Legal Separation
Annulment
Domestic Violence Restraining Order Proceedings
A petition of custody and support of minor children
Any local child support agency case
If you have any of the above cases already before the court, you simply need to fill out and file some forms:
1.A Request for Order (FL-300) – available online or through your local family court.
2. An Income and Expense Declaration (Form FL-150) OR a Financial Statement (simplified) (FL-155) – also available online.
**If you are unsure which financial form you need to use, form Which Financial Form – FL -155 of FL 150(DV-570) is available to assist you.
After you’ve completed the forms, you should have either a family law facilitator or a private attorney review them to ensure that they are properly filled out and ready for the court to process.
After you’ve had your forms reviewed, file them with the appropriate court. Once you file the forms, the court clerk will give you a date and time for your child support order hearing.After you’ve been given a court date, you MUST serve the papers on the other parent.
Serving The Other Party
It’s important that the other party is properly served. Failing to properly serve the other parent can cause unnecessary delays in getting your child support order. To properly serve the other party, have someone over the age of eighteen either give the papers directly to them or mail the papers. You cannot give them the papers yourself and you cannot mail the papers yourself, a third party must do it.
The papers you serve on the other parent should include a copy of the papers you filed as well as a blank Responsive Declaration to Request for Order (Form FL-320) and a blank Income and Expense Declaration (Form FL-150).
If you don’t know anyone who can serve the papers, you can usually get a sheriff’s deputy to serve the papers. The court will be able to give you direction on how to have a sheriff serve the papers on your behalf. (There may be an extra charge for this).
After you’ve served the other parent, have the person who served the papers file a Proof of Personal Service (Form FL-330) with the court. If the papers were served by mail, have them file a Proof of Service by Mail (Form FL-335). It is imperative that the proof of service is filed. This is your legal proof that the other party was given adequate time to review and respond to your request for child support. Failing to file the proof of service allows the other party the opportunity to dispute that the papers were properly served, which could unnecessarily delay getting your order.
Now all you need to do is simply show up to your court date with your paperwork and present your case!
WHAT TO DO WHEN YOU DON’T CURRENTLY HAVE AN OPEN FAMILY LAW CASE
In this case, the steps you will need to follow will depend on whether or not you are married to your partner or in a registered domestic relationship.
Married or in a Registered Domestic Relationship
If you do not already have an open family law case, you need to first initiate a case, then follow all of the steps listed above for filling out, filing and serving the paper work.
However, not all cases are related to a breakdown in the relationship or the marriage. If you and your partner are either married or in registered domestic partnership and would still like to have the benefit of a child support order, you can start a case under a Petition for Custody and Support of Minor Children. A petition for custody allows the court to enter an order of child support as well as any other related orders.
Not Married or in a Registered Domestic Relationship
For people who are not married or in a registered domestic relationship, you can seek a child custody order by opening the following types of cases:
Domestic Violence Restraining Order
You can file a domestic violence restraining order if the other parent of your child has either emotionally or physically abused you. In this instance, you do not need to be in a romantic relationship with the person, so long as you share a child you can seek child support when you file the restraining order.
Petition for Custody and Support of Minor Children
If you already have a signed Declaration of Paternity you can file under a Petition for Custody and Support of Minor Children. If you do not have a signed Declaration of Paternity, then you will need to initiate a parentage case.
Parentage:
Parentage is perhaps the most complicated method of attaining a child support order. A parentage case is for unmarried people who share a child or children, but who do not have either a signed Declaration of Paternity or any legal documentation to establish who has legal responsibility over the child or children.
What is Parentage?
Parentage is the legal determination of who will be responsible for supporting the child.In order to be legally responsible for a child, a parent does not have to be the biological parent. Parentage can be established for adoptive parents, same-sex couples, or any person who has agreed to take legal responsibility for the child. Generally, if the child was not conceived or born during a marriage, then establishing the child’s parentage is necessary in order to seek custody, support, or visitation with the child. Once parentage is established, the legal parents are responsible for the child and failing to pay court ordered child support could have legal consequences.
Parentage is not the same as paternity.A biological father, who was never married to the mother, has no legal rights or responsibilities in relation to the child until his parentage is established.
How to Establish Parentage
Parentage can be established in several ways, including:
Signing a Declaration of Paternity:
Signing a Declaration of Paternity is voluntary and can be done either at the hospital when the baby is born or at a later date. Once a Declaration of Paternity is signed and filed with the California Department of Child Support Services, the signer becomes the legal father of the child. Once the declaration is signed a court order is no longer needed to establish parentage.
Providing Proof Of Giving Birth To The Child
Providing A Court Order Of Adoption
Asking A Local Child Support Agency To Bring An Action To Establish Parentage
California law provides a presumption of paternity in certain cases. When there isn’t a presumption of paternity, then DNA testing can be done to establish paternity.
A. Presumptions of Paternity:
Paternity is presumed when:
A child was born during a marriage or within 300 days after the marriage ended,
A child was born during an attempted marriage that appeared to be legal, or the child was born within 300 days of the attempted marriage,
There was a subsequent marriage or attempted marriage after the child’s birth,
The child is welcomed into the home and is held out to be the natural child of the presumed parent.
Once you have successfully initiated one of the above proceedings, then simply follow the steps provided in the first section: Procedure When You Have an Open Family Law Case and you are on your way to getting your child support order!
However, if you still have questions or concerns about how to file your child support case or if your case is unique in some way, you should speak with a knowledgeable family law attorney or a family law facilitator.
