If you have children, your child support payments will most likely be one of the most significant financial aspects of your divorce, along with spousal support and property distribution, especially if you have more than one child. Unlike spousal support, however, which is often reached through negotiation or through a process that can be quite discretionary on the part of the court, California courts strive for uniformity in reaching child support amounts. This is based on the idea that, because the children are obviously minors and cannot represent themselves, the courts want to take a more direct role in ensuring the children are properly supported.
While courts have some freedom to work with the particular circumstances of the matter to reach a just outcome, the court will primarily rely on a mandated formula to reach the child support amount.
Factors the Court Considers in Setting Child Support
California state law requires the judge overseeing a child support matter (whether part of a divorce or also if the parents were never married) to look at the following factors, among others, in setting child support payments:
- The number of children
- The actual income of both parents from all sources, including salaries, businesses, and unreported income
- The potential income of both parents, meaning the income the parents could be earning (thus a parent cannot avoid working simply to influence the payment amount)
- Certain expenses of each parent that affect income, including insurance, retirement, and union expenses
- The custody schedule for each child with the parent (how many days of the week the child spends with each parent)
- Spousal support payments
- Costs of raising the children, including health care, day care, and costs for children with special needs
To get a sense of what you might have to pay (or are eligible to receive) in child support in California, you can input your information into the child support calculator offered by the State of California.
Why Working With a Family Law Attorney is Important in Child Support Matters
Although it may seem like child support is an open-and-shut matter based on the child support calculator, the fact of the matter is that many parents either intentionally or negligently misstate their earnings, expenses, and other important facts for the purpose of affecting child support payments. By working with a California family law attorney, you can take steps to ensure that the interests of you and your children are being presented fairly and fully in a California family law proceeding. For any questions on family law in California, including child support matters, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.