Divorced parents with their son visiting lawyer

Child support is a crucial aspect of ensuring the well-being of children after a divorce or separation. In California, child support laws are designed to provide financial stability for children, regardless of the custody arrangement. Anytime child support is involved, determining who pays child support can be complex. Here, we will explain how child support is calculated in California and what factors influence the final decision.

At Modesto Family Law, our team serves families across Stanislaus and San Joaquin counties. Our California divorce attorneys can help you with child custody, support, and other issues in your divorce. Schedule a consultation to learn more.

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Understanding Custody

An important point to first consider is that there generally are not “standard” parenting time schedules. Some parents split the weeks and alternate weekends, some parents rotate whole weeks, some parents follow alternating weekends, some out of state parents get the entire summer while the home state parent has school time, and so on, and so on. Frequently at court you will hear parents use the phrase “50/50.” Try to avoid doing that, your child or children are not playing cards. What many parents mean to say is joint legal custody (i.e. both parents get to make decisions regarding the health, safety, and general welfare of a child) and share physical custody (i.e. both parents have significant physical time with their child or children). The importance of these parenting time schedules is that they have a direct impact on child support.  Furthermore, even with joint legal and shared physical custody, a parent may still be obligated to provide child support for the best interests of the child or children. 

How Child Support is Calculated in California

California uses a statewide guideline formula to calculate child support. The formula considers several factors, including:

  • Parents’ Incomes: The gross income of both parents is a primary factor in determining child support. This includes wages, salaries, bonuses, commissions, and other sources of income.
  • Time Spent with the Child: The amount of time each parent spends with the child, also known as “timeshare,” is a critical factor. In a joint legal and shared physical custody arrangement, the timeshare may even be close to equal, but other factors still influence the support amount.
  • Tax Deductions: Tax deductions, such as mortgage interest and property taxes, are considered in the calculation.
  • Health Insurance Costs: The cost of health insurance for the child is factored into the support calculation.
  • Childcare Expenses: Expenses related to childcare, such as daycare or after-school programs, are included in the calculation.

The guideline formula is designed to ensure that the child’s financial needs are met while considering the parents’ ability to pay. However, the formula is not always straightforward

Factors Influencing Child Support

Even with joint legal and shared physical custody, one parent may still be required to pay child support. Several factors can influence this decision:

Gavel and little wooden figures of husband, wife and child
  • Income Disparity: If one parent earns significantly more than the other, they may be required to pay child support to ensure the child’s standard of living is consistent in both households.
  • Additional Expenses: Costs related to the child’s education, extracurricular activities, and medical needs can impact the child support amount.
  • Special Needs: If the child has special needs that require additional financial support, the court may adjust the child support amount accordingly.
  • Parenting Time Adjustments: While the custody arrangement may be joint legal and shared physically on paper, actual parenting time can vary. If one parent consistently spends more time with the child, the court may adjust the support amount to reflect this.

Modifying Child Support Orders in California 

If there are significant changes in circumstances, either parent can request a modification of the child support order. Common reasons for modification may include the following:

  • Changes in Income: If either parent’s income significantly increases or decreases, the child support amount may be adjusted.
  • Changes in Custody Arrangements: If the custody arrangement changes, the child support order may need to be modified to reflect the new timeshare.
  • Changes in the Child’s Needs: If the child’s needs change, such as requiring additional medical care or educational support, the child support amount may be adjusted.

Get Help with California Child Support Calculations

Even with equal parenting time, child support may still be appropriate in your case. Understanding what will happen can help you plan for the future. Your attorney can help ensure child support is considered fairly and accurately by the court.

At Modesto Family Law, our California divorce lawyers can represent you in your divorce and assist with child support issues. Contact us today for a consultation of your case.