A Basic Guide To California Child Support Laws
74In the state of California,
a complex algebraic formula is used to calculate child support. This formula
was adopted as the Statewide Child Support Guideline in 1992. The guideline
serves two purposes. First, it provides for a minimum level of financial
support for a child, and second, it creates uniformity in calculating child
support. It takes into account the income of both parents, the amount of time
the child spends with each parent, and tax deductions that are available to
each parent. The formula can be found under section 4055 of the Statewide
Child Support Guideline Family Code. The formula has since been
incorporated into a piece of software, called Dissomaster, which is now used by
judges and family law attorneys to calculate child support obligations.
You can find the formula by clicking the above link, but even if you are able to work out the math, the amount you come out with will probably only be a ballpark figure. There are numerous other variables that may go into the actual child support amount.
Deviation From The Guideline
Judges are required to adhere to this guideline. In fact, the law states that the amount generated by the guideline formula is to be “presumed to be the correct amount of child support.” There are, however, certain specific circumstances that allow for deviations. For instance, if the parent ordered to pay child support has an extremely high income, the formula would likely produce an amount that greatly exceeds the needs of the child. The court is therefore authorized to lower the amount of child support. A case in which the child has special medical or educational needs would be an instance where the guideline amount may be increased. There is also a provision in the family code that allows for an adjustment for low income individuals. If you have been ordered to pay child support, and your net monthly disposable income is less than $1,000.00, you may be ordered to pay an amount that is less than the amount generated by the formula.
Child Support Add-Ons
In addition to the basic guideline amount, and possible deviations, the law also provides for add-ons. They fall under two categories:
- Mandatory Add-Ons ~ A judge is compelled to order additional contributions in the event that (a) there are child care costs directly related to employment, or training for job skills, or (b) there are reasonable health care costs for the child, which are not covered by insurance.
- Discretionary Add-Ons ~ A judge may order additional contributions for (a) special medical or educational needs of the child, or (b) travel expenses incurred by the custodial parent, for the purpose of visitation.
If a judge orders child support add-ons, they should be equally shared by both parents. In the event that equally sharing the extra expense is not reasonable, the judge may allocate responsibility in proportion to each parent’s net income.
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There should be some type of personalization from the judge but using state guidelines makes it easier.
Ocibil, Informative hub! I find this information interesting. Thank you for sharing, Blessings!
the guide is unfair when yu take the child from the father or cut his vistasion so she can get more money than its not about the child its about how much she gets i lost 22%of vistitation so my ex could travel to europe
Fred, It is unfortunate but I've heard from divorce attorneys whom say the family law courts are gender-biased towards women when it comes to visitation or custody.
it needs to be revised. in my case they are only allowing me to take home about 650.00 a month!..how can anyone survive on that. I pay about 1000.00 a month in child support so,I recently got a part time job and now they are demanding another 1000.00 a month from me!
It always based on income or what both parties agreed to. If you make too little then a judge in family court should be able to amend it.
I do believe that this law should be much more accommodating when it comes to monetary support. I have witnessed lots of people experiencing the financial disaster and they simply are unable to give what they used to provide their kids. As long as you can rationalize in court that you are attempting to give as much as you can for your children then that should be sufficient.
But you have to have to spend money you don't have on a lawyer, because the Commissioners are prejudice against a person who acts In Pro Per. Even if their paper work is correct. And of course they make the payer pay the spouses' attorney, no matter how low the payers' income is. Los Angeles Commissioner Endman tells In Pro Per people if they don't like his rulings and calculations "get a lawyer". He won't even read their papers.
dbf,
And even when you spend the money the lawyer may not be a good lawyer. just be prepared and don't do it in LA county if possible.
The courts are unfair to the men. I've seen it year after year. The women milk the men for everything he earns and makes it impossible for him to go on and have a family with a new wife while his x remarries and has her new husbands income and lives happier ever after while the x-husband strives to live and meet his bills. The Child support laws need to be changed to be fair to the men and there wouldn't be so many dead beat Dads . I am a woman and I have heard women laughing about the courts and saying how the law is on their side and saying how they will screw their x-husband anyway they can and that is just not fair to men. Then they wonder why their x-husband stays so angre at them . Well this is one women who is on most of the mens side and you women need to go out and get yourself a job.
A commissioners in Orange County Paula Coleman is biased against non-custodial parents. Stay away from her. She will not even lisen to you.
Fortunately, I have not had an experience like that. Perhaps a change of venue or judge is in order. Most likely an attorney can assist with that.
I think that it serious needs to be revised. What finanical responsible does the MOTHER have to provide to the child!!! My husband is paying $407 per month in support, has to provide insurance, then since the mother wants the child in private school that another $325 per month, plus $250 per month for after school care and don't forget he is responisble to ALL travel cost to fly out here for visitation (2100 per year). Thats a grand total of paying almost 1200 per month when he is only making 2400 per month before taxes. How is anyone suppose to live of that. Why aren't the MOTHERS made to live within their means!!! I think that I'm in the wrong business, I think I should just start getting knocked up by rich people in California!!
Andy from Family Law London 2 years ago
I don't know if they should be revised, but I do think having specific guideline's is a good thing. I think it's more likely to mean a fair result than if each case was dealt with individually. It means it's not just up to the individual Judge (although the Judge can make changes).