Child support payments are established by court orders and are, therefore, non-negotiable. The California child support laws consider both parents to be responsible for the economic well-being of their minor children and, therefore, the noncustodial parent is designated to make these payments on a monthly basis.
There is an often-complex process for determining how these amounts are determined, but below are some of the basics regarding this process.
California Child Support Calculation Involves Many Factors
To determine the child support amount, the state starts with your gross income, which includes:
- Income from wages, tips, commissions, bonuses, etc.
- Income from any business you may own
- Income from self-employment benefits
- Income from pensions, overtime pay, workers’ compensation benefits, etc.
Next, there are expenses deducted from the gross amount, which include:
- State and federal income taxes
- Social Security deductions
- Union dues that are mandatory
- Health insurance premiums
- Expenses associated with your employment
- Any extraordinary expenses, such as extra-high healthcare costs and child support payments to other minor children
Naturally, these are not the only things that constitute income and expenses, and the court may decide to include other amounts to both your income and your expenses. However, these are the basics you should consider when trying to determine the right amount of your child support payments.
California Child Support Laws Special Circumstances
There are also special circumstances that may apply to your situation; for example, when a non-custodial parent decides to quit a job or work part-time to pay less than the amount of child support requested. The state does not look kindly on these situations and in many cases will “impute” an income to that parent, meaning they will assign a dollar amount as the income and assess the child support payment based on that income. In other words, a non-custodial parent who participates in this type of behavior will not get away with it for long.
There is also shared custody, known as timeshare, where each parent has equal time with the child. In this case, the state usually assigns one parent to be the non-custodial parent so that a child support amount can be determined. These situations usually require the couple providing detailed information to the court so that the right child support amount can be determined. The state wants this amount to be fair to both the child and the parents, which is why they also take into consideration aspects such as how much time the child spends with each of his/her parents.
Once all of these things are decided upon, the state uses a computer program to come up with an amount that is fair and equitable. You can learn more about how this amount is calculated by visiting websites such as https://childsupport.ca.gov/calculate-child-support/.
In addition, just because the calculator comes up with a certain dollar amount doesn’t mean the courts have to agree to that amount. Indeed, the courts can alter that amount when they feel it is necessary. In fact, even if you use these calculators, it is good to keep in mind that the amount they show will be an estimate only because the judge can always decide on a different amount altogether in the end.
Examples of Special Circumstances
Once you realize that the court may decide to hand down a child support amount that is different than the amount found on the online calculators, it is good for you to know which special circumstances may change the original amount. Most often, these are a few of the circumstances that can make a judge alter the amount of child support that you pay or receive:
- One parent’s income is exceedingly high
- The parent who spends the least amount of time with the child isn’t paying an amount that is deemed appropriate
- The children have special emotional or physical needs that require a higher amount of child support
- The parents spend equal time with the child yet one parent has a much lower house payment or rent than the other one does
Naturally, you can request to have your child support payments altered or modified if you feel that there are extenuating circumstances involved, which can include private schooling and travel costs related to visitations, to name a few. This is why it is good to keep in mind that each case is different and that most judges approach cases with a personalized approach so that the end result is fair to everyone. Parents can also agree to their own child support agreement, but again, it has to be a fair agreement that always meets the child’s needs.
State of California Child Support Laws Stopping Child Support Payments
With very few exceptions, child support payments can be terminated once the minor child reaches the age of 18. If a child has special or extraordinary needs, the court may decide that child support should be extended past the age of 18. It is also simple to cease these payments, because the state recognizes that your financial obligations to the child end once the child becomes an adult. In addition, you can stop making child support payments if the child becomes legally emancipated; however, both of these situations are rare and therefore, you can expect child support orders to remain in effect until the child turns 18 years old.
The Assistance You Need
If you find yourself confused and in need of some assistance with your child support order, you can visit one of the many local offices around the state that have well-informed representatives to help you. You can find a list of these Departments of Child Support Services are there to help address any questions or concerns you might have.
The state of California takes seriously its responsibility to make sure minor children are properly cared for, which includes assigning the right amount of child support if the parents are no longer together. Laws specific to child support are found in the California Family Code Sections 4050 to 4076, which go into great detail over everything you need to know about your child support order. It really is a lot easier than you think to figure it all out, and it all starts with going online to get some basic information about child support in California.