CHILD SUPPORT

A common issue in a family law matter when children are involved is which parent is paying child support and how much is that parent paying.

UNDERSTANDING CALIFORNIA LAW

California Family Code §4053 provides that both parents are mutually responsible for the support of their children and that such support is a parent’s first and principal obligation. Thus, California has a statewide uniform guideline to calculate a parent’s child support obligation.

While the entire calculation is set forth in Cal. Fam. Code §4055, the two most significant factors in calculating child support is (a) the amount of time each parent is spending with the child(ren) and (b) the gross income of each parent.

HOW TO CALCULATE CHILD SUPPORT

Calculating the amount of time the children are with each parent may be as simple as adding the hours each parent has in a current custody order each week or may be more complicated by trying to get an average of how much time each parent has custody in a two week or one month period.

The issue then becomes, what is included in calculating gross income.

INCOME USED FOR CHILD SUPPORT CALCULATIONS

California Family Code §4058 states “the annual gross income of each parent means income from whatever source derived, except for payments derived from child support and public assistance. As with any child support proceeding, each party is required to fully complete an Income and Expense Declaration including attaching that party’s paystubs for the last two months, the gross income is typically calculated using the paystubs.

After the above two significant factors are calculated, the final step to calculating an accurate child support guideline and including any deductions that are considered which may lead to a significant reduction in the monthly support obligation.

Call (562) 285-7641 for a Consultation

Regardless of your situation or how difficult your problems may be, working directly with an experienced and reliable attorney is recommended for a successful outcome. Contact our law office for a consultation today and find out how we can help you.