In any family law case involving minor children, the issue of child support is a critical component. It is also one of the most misunderstood. Child support is not a punishment or a fee for visitation; it is the legal right of the child to be financially supported by both parents. In California, the amount of support is not arbitrary. It is determined by a complex statewide guideline formula, and a judge has very little discretion to deviate from it. Understanding this formula is key. This is a primary reason to hire an attorney, even if you are just searching for a "family law attorney near me" for a "simple" case. A firm like JOS Family Law can ensure the calculation is done correctly.
The guideline formula is a complex algebraic equation, but it is based on two primary factors: the "net disposable income" of each parent and the "time-share" (the amount of time each parent has the child).
First, let's look at income. The court does not just look at your base salary. It looks at "income from all sources." This includes your salary, any bonuses, commissions, overtime, rental income, and even income from a side business. A lawyer is essential here to conduct "discovery" and ensure the other parent is not hiding income. If one parent is intentionally unemployed or underemployed, a judge can "impute" income to them, meaning the calculation will be based on what they should be earning. From this "gross income," the court will deduct certain expenses like taxes, health insurance premiums, and mandatory retirement contributions to arrive at the "net disposable income."
The second, and equally important, factor is "time-share." This is the percentage of time the child spends with each parent. This is why the child custody (parenting plan) negotiations are so closely linked to support. The more time the higher-earning parent has the child, the lower the support payment will generally be. A skilled attorney will ensure the time-share percentage is calculated accurately, down to the hour, as even a small difference can have a major impact on the final support number.
The formula also allows for "add-ons." Guideline child support is meant to cover basic living expenses (food, shelter, clothing). It is not meant to cover healthcare and childcare. These are mandatory "add-on" expenses. The court will order parents to share the costs of any unreimbursed medical, dental, and vision expenses, as well as the cost of work-related childcare. These are typically split 50/50, but a judge can order a different split. Other "discretionary" add-ons, like private school tuition or extracurricular activities, can also be ordered if both parents agree or if the court finds it appropriate.
While you can find online calculators, they are only as good as the numbers you put in. A single mistake in calculating income or time-share can cost you thousands of dollars over the life of your child. This is not a DIY project.
To ensure your child support order is fair and based on accurate data, contact the legal professionals at JOS FAMILY LAW.
