In family law, child support payments exist to ensure a child’s well-being after their parents divorce. Child support payments vary wildly from case to case and from state to state. In the state of California, how much you could owe in child support depends on numerous factors; however, payments are typically calculated with a specific formula.
There is no “one-size-fits-all” understanding of how much child support payments will be. While we aim to give you a general overview here, it is best to get in touch with an experienced child support attorney to help you. With an attorney, you can accurately determine how much your payment should be from someone who can provide legal assistance with your case.
Who Pays Child Support in California?
Under California law, both parents are legally obligated to support their children. In other words, both parents must share financial responsibility in raising their child or children. Some parents can agree outside of court on how to share financial responsibility for their child; however, if terms cannot be met, the court may need to get involved.
When a parent files a claim for child support, the court orders the other parent to pay on a regular schedule to help provide the financial means to raise their child, typically monthly.
The duty to pay child support typically ends when the child turns 18 and graduates from high school. However, there is an exception. If the child is still in high school full-time and does not have the means to support themself, the child support payments should cease when they turn 19 or graduate, whichever comes first.
What Is the Formula for Child Support in California?
In California, child support is often calculated by this uniform formula:
CS = K [HN – (H%)(TN)]
Within this formula, “CS” represents the child support amount, “K” is the total amount of both parents’ income allocated for child support, and “HN” is the higher-earning parent’s net monthly disposable income. “H%” is the estimated percentage of time the higher-earning parent has or will have for physical care responsibilities compared to the other parent. “TN” is the total net monthly disposable income of both parties.
Also keep in mind that there are multipliers involved as the number of children increases:
- 2 children – Multiply CS by 1.6
- 3 children – Multiply CS by 2
- 4 children – Multiply CS by 2.3
- 5 children – Multiply CS by 2.5
- 6 children – Multiply CS by 2.625
- 7 children – Multiply CS by 2.75
- 8 children – Multiply CS by 2.813
- 9 children – Multiply CS by 2.844
- 10 children – Multiply CS by 2.86
If the amount calculated by the formula yields a positive number, then the higher-earning parent will be required to pay that amount in child support. If the amount is negative, however, then the lower-earning parent pays the absolute value of that amount to the higher-earning parent.
This formula can be tricky to understand, so we made it easier to calculate child support with our free online calculator. Simply put in the numbers you need to enter, and you will get an estimate within seconds. This should give you a good idea of how much your child support payment amount should be, but you should still reach out to our child support lawyers for confirmation and assistance.
How Is Income Calculated for Child Support in California?
It is important to remember that a person’s income is not solely limited to their wages. In fact, the term “income” actually refers to the total gross income of the parent. So, in California, all money earned by both parties will be factored into the total child support calculations, including:
- Pension income
- Trust and estate income
- Annuities
- Social Security disability, unemployment, and/or military/veteran benefits
- Lottery and gambling winnings
- Income from self-employment
- Non-money items or employment perks, such as free housing or the use of a company car, that reduce living expenses
There are also instances where you can subtract from your gross income to reach net income. Subtractions can be made for taxes, payroll deductions, and other related items.
Child support guidelines in California are broad, so your unrealized income, i.e. income that exists only on paper, such as gains from stocks or IRA interest, may also be factored in.
Does Child Support Cover Medical Expenses?
Child support may be mandated for the coverage of medical expenses. Generally speaking, child support will only cover the necessities, and medical expenses are not typically a factor; however, there are instances where the child’s medical expenses and insurance payments may be included. If the child has special needs or requires essential medical equipment, medicine, or procedures, these may be factored into the total child support amount awarded.
Parenting Time Can Affect Child Support
Another aspect that can affect your child support payment is how much time you spend with the child. The parent who spends the most time with the child will, of course, be the one who incurs the most expenses.
The court will examine how much time the child spends with each parent and where the child sleeps to determine the day-to-day caregiving responsibilities each parent provides. From there, the court may adjust the child support payment amounts accordingly. Transportation and travel costs are also accounted for, in addition to variations in work schedules.
How to File for a Modification of Child Support in California
Parents have a right to file a modification to increase or decrease the amount of child support they pay or receive. There is no specific timeline to file. If you have a legitimate reason to petition for a modification, such as the loss of a job or custody changes, then you are free to do so whenever you need to.
There are no charges or fees to file a petition for modification. If your petition is denied, you can take your case to court to appeal the decision.
A Lawyer Can Help You File for a Modification
It is possible to file a petition and advocate for a child support payment modification on your own, but retaining an experienced lawyer can help make the process easier and increase your chances of success. A lawyer will help you by:
- Filing a petition on your behalf and ensuring all calculations are correct.
- Gathering the necessary evidence to support your petition.
- Providing experienced legal advice to guide you on complex child support and family laws in California.
- Representing your best interests in court and ensuring that your voice is heard.
You do not have to go through this process alone. Having an experienced attorney by your side can mean all the difference, especially in child support cases.
