Child Support in California – What You Need to Know

How is child support determined?

In California child support is calculated using a statewide guideline. The formula used is somewhat complex but the courts, and your attorney, will utilize one of the licensed computer programs to determine the amount. The calculation is based upon the number of children to be supported, the incomes of both parents, the amount of visitation time each parent has, tax filing status, who pays for the healthcare coverage for the children and some other expenses. This information is obtained by the court, or your attorney, when you, and the other parent, complete the Income and Expense Declaration (FL-150) and attach your pay stubs.

What if you cannot afford to pay child support?

The amount of support generated by the guideline calculator may be more than you think you can afford. In such a case the court has some discretion to adjust this amount. You will have to prove that you have a hardship that the court should consider when asking the court to deviate from the guideline support. A common hardship that the court will consider when making adjustments to guideline child support is that one parent is supporting a child from another relationship.

What if the other parent is not paying support?

In many cases the parent ordered to pay support fails to do so. If you find yourself in this situation you do have some options. First, you can consult with and hire an attorney to assist you in collecting support. In addition to getting the other parent to pay the ongoing monthly support amount you may be entitled to unpaid back support. Your attorney can get an order from the court allowing you to attach the wages of the parent who has been ordered to pay support. Additionally, you can, with the assistance of your attorney, file contempt proceedings against the non-paying parent for violation of the court order to pay child support. Another option is to contact the Department Child Support Services in your county. This agency can assist you in obtaining your child support.

Is there a limit to the amount of child support you will have to pay?

Not in California. The guideline support calculation is presumed to be the legal calculation in most cases regardless of the amount. In some limited cases the court can deviate from the guideline amount.

Are all income sources considered when calculating child support?

The California Family Code provides that income from all sources is considered. This would include income from your job, self employment, investment income or interest, rental income, unemployment benefits and most other sources of income earned by both parents will be considered for the purpose of calculating child support. However, the court is not required to rely solely upon the income reported on a tax return. In many cases a party may have significant tax deductions which reduce the amount of earned income reported to the IRS. Depending on the nature of these deductions the court may add these back into the income of the parent in making a determination of child support.

Can you insist that child support be used exclusively for the child?

Unfortunately it is assumed that child support is used to benefit the child and there is little the court can do to ensure that this occurs. California Family Code does not specify that the support be used for any specific purpose and the receiving parent does not have to provide an accounting for the use of the support. It is presumed that certain living expenses such as mortgage, rent, utilities and food are for the benefit of the supported child.

Do you have to pay for any other expenses of the child?

Yes. Just because you pay support does not mean that your financial obligations end there. Many additional expenses have to be paid by both parents. These expenses include extracurricular activities, day care, school tuition, non-covered medical, vision, orthodontic, dental expenses and co-pays.

Can the amount of child support be changed later?

Yes. Child support is always modifiable when there has been a change in circumstances. This may include a change in the visitation time, a change in the income of either parent, or the birth of another child from a different relationship.

What should I do now?

In all cases it is advised that you seek the advice of an attorney with experience in family law and child support cases. The Ewing Law Group has attorneys with over 20 years of legal experience and we have handled hundreds of child support cases to establish, enforce or modify support. Visit the Ewing Law Group web page and call to schedule your consultation today.