In California, child support isn’t determined by simple guessing. Courts strongly rely on statewide guidelines that are designed to fit the child’s financial needs from both parents. Many people assume that child support is randomly assigned and that there is no formal approach. Courts must follow the formal guidelines except in rare cases that are deemed exceptions.
California’s Guideline Formula
Child support in California is calculated using a formula that’s been set by the California Family Code. Courts use a mathematical equation that takes both parents’ incomes into account, along with how much time each parent spends with the child. Judges usually use software programs to input this financial information to generate the correct support amount.
The purpose of the guideline formula is to create fairness and consistency, and that both parents are mandated to give child support that accurately reflects their income and ability to pay. Even though courts must usually follow the guidelines, there are certain exceptions to the rule. It is important to know that these exceptions are not common, and they need to be justified as being in the child’s best interests.
What Counts as Income?
In California, child support is mainly based on each parent’s gross income, not just their take-home pay. Gross income includes salary, wages, overtime, bonuses, commissions, and tips. It could also include self-employment income, disability benefits, and certain other sources of recurring income.
For self-employed parents, courts examine business income carefully and they can choose to deduct certain business expenses before determining support. In some situations, the court can assign income to a parent that is voluntarily unemployed or underemployed, which means that child support can be calculated in terms of how much they are able to make, rather than how much they actually make. Disclosing finances as accurately as possible is essential, because incorrect information can significantly impact the court’s calculation.
The Importance of Parenting Time
Parenting time plays a significant role in determining child support. The formula takes into account the percentage of the time that each parent has physical custody of the child. Typically, the more time a parent spends caring for the child, the less they would owe in child support.
This time measurement is usually calculated based on overnight stays, even though courts can consider other caretaking factors when it’s necessary. Even small differences in the percentage of parenting time can impact the support amount. Because of this, accurately documenting parenting schedules and making sure this is reflected in the court is so important. Making use of things like OurFamilyWizard or other scheduling apps helps to make tracking all of this as easy as possible.
Additional Child-Related Expenses
Aside from the general support amount, courts can allocate additional child-related expenses between the parents. These typically include things like health insurance premiums, medical and dental costs, and educational expenses.
All of these extra expenses are typically divided between each parent based on their income. The ultimate goal is to make sure that all mandatory child-related expenses are covered fairly. Just to reiterate, having all of this documented is the best way to avoid any disputes.
Modifying Child Support
Child support orders aren’t necessarily permanent. In California specifically, support can be modified if there has been a change in circumstances for either parent in terms of their financial situations or parenting schedule.
A parent can’t just decide on their own to stop making payments towards child support without getting the court’s approval first. For this to happen, a formal request needs to be filed with the court including updated financial information. If you fail to request this modification, it can result in unpaid support building up, and those payments are usually hard to reduce or remove later on.
Why Legal Guidance is Important
Dealing with child support and the courts can be overwhelming. That’s why having the right legal team to lean on for guidance and support is so beneficial. Men’s Legal Center in San Diego is here to do just that. Make sure you reach out for your free case review.