How to Calculate Child Support in California
Posted in Child Support on August 22, 2024
When parents live in separate households because they were never married, have officially separated, or are going through a divorce, the question of what your child custody and support situation may look like will likely be at the forefront of your mind. Both parents are expected to provide financial support for their children no matter what your child custody arrangement looks like. Unless one parent’s parental rights have been terminated, one parent will likely be ordered to pay child support to the other parent to ensure their children have access to the basic funds they need to be taken care of.
You may be interested to learn more about how to calculate child support and ensure both parties remain in compliance with the court’s child support order. Every child support case is different, but with the insight of a reputable Del Mar child divorce attorney from Ratzer Dobis, you can prepare accordingly. Here is more about how to calculate child support, which parent could be ordered to pay child support, and how long child support payments are expected to last when you have a court order in place.
Table of Contents
How to Calculate California Child Support
The CA Child Support Guideline Formula
When Child Support May Be Different Than the Guideline Amount
Modifying a CA Child Support Order
How to Enforce Child Support Payments in California
Get Help From a Reputable Child Support Attorney in California Today
How to Calculate California Child Support
When using California’s Child Support Guideline Calculator, you need to be prepared to include specific types of information, including:
- Both parents’ income
- Both parents’ expenses
- Any benefits either parent is receiving
- The cost of health insurance
- Proof of payroll deductions
- Proof of medical expenses, such as prescription eyeglasses
- Educational needs, such as private school tuition or extracurricular activity costs
The child support calculator will take into consideration all of these factors, plus the amount of time you spend with your child, to determine how much child support should be paid in your case.
The CA Child Support Guideline Formula
California’s child support calculator uses a specific formula to determine How much child support should be ordered as described under Cal. Fam. Code §§ 3900-4076. This formula is as follows:
CS = K[HN – (H%)(TN)]
“CS” stands for child support while “K” stands for the amount of both parents’ income that will go towards child support. The “HN” stands for the higher-earning parent’s monthly disposable income while each percent describes the amount of time the higher-earning parent will have primary physical custody of the child. Finally, “TN” refers to the total net monthly disposable income of both parents.
If you have more than one child, the child support calculator includes specific multipliers. For instance, if you have two children, the “CS” in the example would be multiplied by 1.6 to determine your monthly child support payment.
When Child Support May Be Different Than the Guideline Amount
The child support calculator guideline is only meant to act as a guideline. There are some instances in which child support may be different than the amount returned by the calculator. Parents have the option of working together to determine how much child support should be paid. Whatever your agreement is, it must be in the best interests of the children and ensure that the amount of financial support sufficiently meets their needs.
Unfortunately, parents may not always agree on child support payment amounts. If this happens, the judge has the authority to step in and determine how much child support should be paid. The judge also has the authority to deviate from the child support guideline’s amount, particularly if the parents have different custody arrangements, the children have medical or special needs, or the parent paying support has an extraordinarily high income that would exceed the amount of support the child would need per Cal. Fam. Code § 4057.
Modifying a CA Child Support Order
Child support orders can be modified by submitting a Stipulation to Establish or Modify Child Support and Order. The judge may be willing to approve a modification request if the paying parent lost their job, the paying parent has more children, the paying parent is spending more quality time with the child, or the parent receiving support has had a salary increase per Cal. Fam. Codes §§ 3651, 3653.
How to Enforce Child Support Payments in California
Parents who are expected to pay child support may face penalties if they refuse to comply with the court order. Child support payments can be withheld from the paying parent’s paycheck after they sign an Income Withholding for Support Order or form FL-195. However, you may not need one of these orders if the parent receiving support agrees to the parent paying child support and making payments as required. Failure to remain in compliance with an existing child support order could result in the suspension of the paying parent’s driver’s license, the debt being reported to a credit bureau, seizure of unemployment benefits or tax refunds, and other penalties.
Get Help From a Reputable Child Support Attorney in California Today
Figuring out how much you should be receiving or may be expected to pay in child support can be quite complex. There are many financial matters that will need to be taken into consideration, as well as your child custody arrangement, in determining child support figures. While you can use the state’s child support calculator to get a rough estimate, working with a knowledgeable California family law attorney may be the best way to get the most accurate figure.
Our child support lawyers with Ratzer Dobis will carefully review all involved parties’ incomes, expenses, and other financial records to determine which parent should be expected to pay child support and how much. Learn more about what your child support order could look like and the potential consequences of non-compliance when you contact our law office to schedule a confidential consultation. You can reach us by phone or through our secured contact form to get started on your case as soon as today.