What is child support and how to calculate child support?

Child support is an ongoing payment usually paid by a parent who is a higher earner (obligor) to a custodial parent (obligee) for the financial benefit of a minor child(ren).

The obligation to pay child support is not tied to the parents’ marital status and it is gender-neutral.

The father and mother of a minor child have an equal responsibility to support their child. See Family Code Section 3900. So the mother may be required to pay child support to the father just, as the father may be required to pay child support to the mother.

Generally, the duty to support a minor child continues until the minor turns 18 years of age or, if the minor is still a full-time high school student, until the time the child completes the 12th grade or turns 19 years of age, whichever occurs first. See Family Code Section 3901.

CHILD SUPPORT FOR AN ADULT CHILD

Note, both parents share an equal responsibility to support a child of whatever age (incl. an adult child) if this child is incapacitated from earning a living and without sufficient means.

If parents reached an agreement to provide financial support to their adult child or there is a court order ordering parents to provide financial support to their adult child then this child support obligation will last much longer then duration sets by Family Code Section 3901.

Child support payable for the benefit of the minor is payable to the custodial parent (obligee), where child support for an adult child is payable directly to a disabled adult child unless this child lives with either parent or has a conservator, guardian or legal representative.

A San Diego child support lawyer can help you calculate the dollar amount of child support.  Child support must be computed in accordance with the “statewide uniform child support guideline”. See Family Code Section 4050.

In accordance with Family Code Section 4053 in implementing the statewide uniform guideline, the courts shall adhere to the following principles:

• 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.
• Both parents are mutually responsible for the support of their children.
• The guideline takes into account each parent’s actual income and level of responsibility for the children.
• Each parent should pay for the support of the children according to the parent’s ability.
• The guideline seeks to place the interests of children as the state’s top priority.
• 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.
• 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.
• The financial needs of the children should be met through private financial resources as much as possible.
• 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.
• The guideline seeks to encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation.
• 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.
• 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.

Family Code Section 4055(a) provides a formula to calculate child support:

CS = K[HN – (H%)(TN)]

CS = child support amount.
K = amount of both parents’ income to be allocated for child support as set below:

HN = high earner’s net monthly disposable income.
H% = approximate percentage of time that the high earner has or will have primary physical responsibility for the children compared to the other parent. In cases in which parents have different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the high earner parent spends with each child.
TN = total net monthly disposable income of both parties.

California has no statute of limitations on past due child support payments.

Child support orders are enforceable until paid in full. Hence, an action to recover child support arrearages (incl. interest) can be initiated and pursue at any time.

Choosing the wrong San Diego child support lawyer can be detrimental to the outcome of your case. Please feel free to email me at maria@rogovalawfirm.com or call me at 619-737-3919 if you have any additional questions. I will gladly provide you with a 30-minute complimentary consultation.