How to Calculate Child Support in California: The Basics
With divorce effecting over three quarters of marriages nowadays, there is a constant demand for answers to the unknowns. Oftentimes, the most important, and stressful, unknown that couples face when encountering a divorce is monetary issues.
Unlike other issues arising out of divorces, child support is will be issued in a case with children, whether the divorce is amicable or not. However, the child support laws can be very complex and often misunderstood. Divorcing couples often get advice from friends, family members and even co-workers, in a an attempt to avoid having to consult, the dreaded, divorce attorney. However, as can be seen here, getting the wrong advice can end up costing you more money and time down the road.
This article should help explain some of the basics behind the child support laws, in order to allow divorcing couples to not go “blindly” into court, or their attorney’s office for their initial meeting.
Los Angeles child support attorneys as well as those across California must play a balancing act to effectively serve their clients in calculating the correct amount of child support owed. California Family Code Section 150 defines child “support” as “an obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to [Family Code Section] Section 17402. It also includes past due support or arrearage when it exists. "Support," when used with reference to a minor child or a child ..., includes maintenance and education.”
In other words, in Los Angeles and throughout California child support is typically what you have to pay the other parent of your child to take care of your child
Pursuant to Family Code Section 3900, both parents must support their children in a manner that suits the child’s circumstances. As the Family Code states “a parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life”; and “both parents are mutually responsible for the support of their children.” Family Code Section 4053(a) & (b). A parent child support duty in Los Angeles and throughout California normally terminates when the child reaches age 18. Family Code Section 6500.
As many parents find out the hard way, the non-paying parent is subject to a lawsuit by the other parent to collect child support. Family Code Section 4000. Los Angeles County or other California counties may also sue the non-paying parent for child support on the child’s behalf. Family Code Section 4002(a) & (b).
The big question many parents ask is how much child support should I be paying. Or how much child support should I be seeking from the father or mother. Family Code Section 4050 et seq. states that all California courts must follow “statewide uniform child support guideline”
The statewide guideline formula for computing child support is stated by Family Code Section 4055(a) as the following child support formula:
CS = K [HN-(H%) (TN)]
where:
CS = child support amount;
K = amount of income to be allocated for child support as set forth in Family Code Section 4055(b)(3);
HN = high earner's net monthly disposable income;
H% = approximate percentage of time high earner has or will have primary physical responsibility for the children compared to the other parent (where the parents have different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the high earner spends with each child);
TN = total net monthly disposable income of both parties.
Utilizing the California child support formula is often complex and requires careful review. Many consult with a Los Angeles child support attorney to assist with the child support formula. Others use the DissoMaster(™) to calculate the California child support formula. Or some try to calculate the child support formula by themselves. However, those choosing this latter route quickly find themselves in over their heads and consulting in a family law attorney specializing in child support.
Jeff R. Layfield
THE LAW OFFICE OF JEFF R. LAYFIELD
Los Angeles, California
(424) 248-7364
http://www.layfieldlawfirm.com/
Unlike other issues arising out of divorces, child support is will be issued in a case with children, whether the divorce is amicable or not. However, the child support laws can be very complex and often misunderstood. Divorcing couples often get advice from friends, family members and even co-workers, in a an attempt to avoid having to consult, the dreaded, divorce attorney. However, as can be seen here, getting the wrong advice can end up costing you more money and time down the road.
This article should help explain some of the basics behind the child support laws, in order to allow divorcing couples to not go “blindly” into court, or their attorney’s office for their initial meeting.
Los Angeles child support attorneys as well as those across California must play a balancing act to effectively serve their clients in calculating the correct amount of child support owed. California Family Code Section 150 defines child “support” as “an obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to [Family Code Section] Section 17402. It also includes past due support or arrearage when it exists. "Support," when used with reference to a minor child or a child ..., includes maintenance and education.”
In other words, in Los Angeles and throughout California child support is typically what you have to pay the other parent of your child to take care of your child
Pursuant to Family Code Section 3900, both parents must support their children in a manner that suits the child’s circumstances. As the Family Code states “a parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life”; and “both parents are mutually responsible for the support of their children.” Family Code Section 4053(a) & (b). A parent child support duty in Los Angeles and throughout California normally terminates when the child reaches age 18. Family Code Section 6500.
As many parents find out the hard way, the non-paying parent is subject to a lawsuit by the other parent to collect child support. Family Code Section 4000. Los Angeles County or other California counties may also sue the non-paying parent for child support on the child’s behalf. Family Code Section 4002(a) & (b).
The big question many parents ask is how much child support should I be paying. Or how much child support should I be seeking from the father or mother. Family Code Section 4050 et seq. states that all California courts must follow “statewide uniform child support guideline”
The statewide guideline formula for computing child support is stated by Family Code Section 4055(a) as the following child support formula:
CS = K [HN-(H%) (TN)]
where:
CS = child support amount;
K = amount of income to be allocated for child support as set forth in Family Code Section 4055(b)(3);
HN = high earner's net monthly disposable income;
H% = approximate percentage of time high earner has or will have primary physical responsibility for the children compared to the other parent (where the parents have different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the high earner spends with each child);
TN = total net monthly disposable income of both parties.
Utilizing the California child support formula is often complex and requires careful review. Many consult with a Los Angeles child support attorney to assist with the child support formula. Others use the DissoMaster(™) to calculate the California child support formula. Or some try to calculate the child support formula by themselves. However, those choosing this latter route quickly find themselves in over their heads and consulting in a family law attorney specializing in child support.
Jeff R. Layfield
THE LAW OFFICE OF JEFF R. LAYFIELD
Los Angeles, California
(424) 248-7364
http://www.layfieldlawfirm.com/