During the pendency of any divorce proceeding, or proceeding for legal separation, and thereafter, the Court may order either or both parents to pay child support.
What is Child Support?
Parents have an obligation to support their children. The amount ordered for this purpose is referred to as child support. A request for a child support order should be considered when parents separate and when one parent needs the assistance of the other parent (whether they were ever married or not) to support their child. The Court can make child support orders at the outset of the divorce even if the other aspects of the divorce have not been resolved.
How Is Child Support Calculated in the State of California?
California’s child support laws provide that parents contribute financially toward the support of their minor child(ren). California has a statewide uniform guideline for determining child support. The guideline amount is presumed to be correct. The presumption is a rebuttable presumption which can be rebutted in very limited circumstances. The amount of child support that will be paid in each instance is determined by courts using the child support calculation formulas that each state has established. Although the procedures can be rather complex, there are programs that calculate the support amount based on various inputs.
Child Support Guidelines in California
California adheres to a statewide uniform standard to calculate child support. Various numbers are input into a computerized program which will calculate the child support amount based on a formula once various numbers are inputted. Among the numbers imputed into the program are as follows:
- The number of children
- Each parent’s tax filing status
- Each respective parent’s time share with the child (the amount of time the parent has physical responsibility for the child)
- Each parent’s gross monthly income from whatever source derived (subject to limited exceptions);
- The cost of health insurance, if any
- The amount paid for union dues or retirement contributions
- Mortgage interest paid per month;
- Property taxes paid (per month);
There are other inputs that may or may not apply in a particular case depending on the facts and circumstances. Once the appropriate numbers are imputed, the computer program will generate a child support amount.
Imputation of Income
A party may request imputation of income to the other party under various circumstances. Imputation of income requests are sometimes made where a parent voluntarily quits his or her job; takes a lower paying job to depress his/her income; or refuses to work. Imputed income is “phantom income.” The Court, in its discretion may impute income to a parent based on their earning capacity. The Court must make a finding that the parent on whom income is imputed has the ability to work and there are job opportunities. The Court must find that imputation of income is in the child’s best interest if it decides to impute income for child support purposes.
If the Court decides to impute income, the amount is added to the formula as if that person was earning the income when in fact there is no income earned. The Court also has discretion to impute income to assets, such as a rental property that a parent is letting sit idle.
“NON-GUIDELINE” CHILD SUPPORT
Parents can always agree to a “non-guideline” child support amount. When doing so, they must affirm that the needs of the child(ren) will be met based on the “non-guideline” support.
What Does Child Support Typically Cover in California?
The Judge will order one or both parents to provide for their children health insurance, including vision and dental treatment, if such coverage is offered via work or group insurance plan, at no cost to the parent or a reasonable price. This cost does not come out of or get deducted from the child support order. The amount paid for healthcare is imputed in the computer program, however, and is taken into account when the overall child support amount is calculated.
The guideline child support amount does not cover childcare or unreimbursed medical expenses. Courts typically order those as “mandatory add-ons” and typically allocate those costs to be paid by each parent 50/50. If a party wants additional monies to be paid by the other parent such as travel costs, special schooling requirements, a specific request for those items must be made. It is in the court’s discretion whether or not to order those.
Key Takeaway!
While child support may seem simple, there are many nuances. Schedule a consultation on (714) 845-7553 for Orange County, San Diego County, Riverside and San Bernardino County, and (310) 775-2470 for Los Angeles County, or visit us at Bohm Wildish & Matsen Family Law Group 600 Anton Blvd, Ste 640 Costa Mesa, CA 92626. We have certified family law specialists who can assist you with your child support and other family law matter needs.