Child Support

Child support in California is based on timeshare and income of the parties. Many parents make the mistake of assuming that if they have 50/50 timeshare then there is no child support. This is not true.

California Family Code §4053 states the purpose of child support in California:

In implementing the statewide uniform guideline, the courts shall adhere to the following principles:

(a) A parent’s first and principal obligation is to support the parent’s minor children according to the parent’s circumstances and station in life.

(b) Both parents are mutually responsible for the support of their children.

(d) Each parent should pay for the support of the children according to the parent’s ability.

(e) The guideline seeks to place the interests of children as the state’s top priority.

(f) Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children.

(g) Child support orders in cases in which both parents have high levels of responsibility for the children should reflect the increased costs of raising the children in two homes and should minimize significant disparities in the children’s living standards in the two homes.

(h) The financial needs of the children should be met through private financial resources as much as possible.

(i) It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children.

(j) The guideline seeks to encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation.

(k) The guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formula.

(l) Child support orders shall ensure that children actually receive fair, timely, and sufficient support reflecting the state’s high standard of living and high costs of raising children compared to other states.

The courts use a child support calculation program to determine how much the support order is to be. Parents can agree to set their own child support in an amount “below guideline” include zero. This agreement needs to contain certain language indicating that the needs of the child will be met even though the amount is less than what the child support calculator arrives at. Be aware though, you cannot terminate the court’s jurisdiction to modify the amount of support at some point in the future. Child support is modifiable at any time.

It is important that a request for order to modify the amount of support if something changes regarding income used to calculate support. Any modification will only be retroactive back to the date the request for modification is filed with the court. What does this mean? It means that if you lose your job you need to file a request for order to modify child support immediately. You will be responsible for the current support amount to the date your new request is filed with the court. Same applies if you’ve had a decrease in income. For example, parents who own their own businesses or work as independent contractors, if your average income has decreased below what the average used to calculate support, then you should file to modify support.

Family court makes all orders with regard to custody, timeshare, and child support. However, a child support case can also be handled by the Department of Child Support Services (DCSS). If a parent is on state aid, a case in DCSS will be automatic. In all other circumstances a parent would need to move their support case from family court to DCSS.

Set up a consultation with our office to find out whether moving your case to DCSS would be in your best interest or to find out how much in child support you can expect to pay or receive based on your circumstances.