The State of California has developed firm guidelines in determining the amount of child support that a parent must pay a custodial parent for the care of a child. Unlike with spousal support, where a judge has wide discretion in examining a variety of factors in determining the amount and length of payment, the amount of child support payments that a California court will order is the product of a calculation of a number of factors. These factors include the following.
The Number of Children Supported by the Paying Parent
A court will look at the number of children that the paying parent is supporting, whether those children are living with the parent or are with multiple other parents. The amount of the paying parent’s income that will be ordered to be paid in child support will rise with the number of children, and can become quite high when there are five or more children.
The Gross Income of the Paying Parent
A court will look at all sources of income available to the paying parent, whether they are reported on income taxes or not. These income sources includes wages, tips, commissions, bonuses, investment income, rents, disability benefits, unemployment compensation, gambling/lottery winnings and so on.
The court will, however, make deductions from this amount for other amounts of child support paid, spousal support, mortgage interest, property taxes, certain health care costs, certain retirement contributions, and union dues.
The Gross Income of the Receiving Parent
As with the paying parent, the family law court will take the same approach to the parent who would be receiving the child support payments on behalf of the child by looking at all available sources of income while also reducing that amount by the applicable deductions. The amount of child support owed will rise where there is a greater disparity between the two parents’ gross incomes.
The Amount of Time Each Parent Has Custody
Again, even where parents share custody, one may still have to pay the other parent for child support. That said, the courts will factor in how much time each parent is responsible for caring for the child in determining the amount of such payments. Where a paying parent is spending more time caring for the child, the amount of child support obligation will be less.
Add-ons For Special Circumstances
Additionally, a court may adjust the amount of child support in special circumstances such as where a custodial parent has increased child care costs in connection with employment or job-related education; there is a need for reasonable health insurance payments; or the child has additional educational costs.
Speak with an experienced California family law attorney for further guidance on how child support payments will be calculated in your particular circumstances.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.