California considers child support to be a right that belongs to the child and an obligation upon both parents. When parents don’t live together, it can get difficult to calculate exactly how much support each parent should be paying. If you’re concerned that you should be receiving more support or have been asked to pay more than you think is appropriate or can afford, reach out to a child support lawyer in San Mateo for help.
How California Calculates Child Support
Like most states, California uses a calculator to set a standard for what should be paid. This standard can then be adjusted by the courts according to the circumstances. Standard child support percentages in California are 25%. This means that the starting point is to assume that a noncustodial parent should be paying 1/4 of their income for one child.
If there are two children, the percentage is 40%. For three children it becomes 50%, for four children 60%, and the courts will decide the number if there are five or more children involved. Just bear in mind that this general calculation is only the beginning. They are quite a few factors that the court will consider as it decides on child support.
What’s “Income?”
To decide how much income a parent has, the courts don’t just look at the amount of money coming in. Instead, they again do a calculation. This involves first finding out the total income of both parents combined. The state then looks at the net disposable income of the parent who has the higher income. Net income is determined by deducting some important and required expenses from the total, such as taxes or any child support that the parent might already be paying.
Then, the court will take into consideration the amount of time that the higher earning parent actually has physical custody of the child compared to the other parent. This is important because the state assumes that when a parent has custody that they are already paying to support the child. The question is what needs to be paid for the times when the parent is not with their child so that the child will experience continuous support from both parents. The court then also looks at the net disposable income of both parents and uses a formula to calculate how much each should be paying based on all of these factors and using the percentages given above.
Other Factors the Court Will Consider
The court fully understands that there can be many factors involved that must be considered. For example, if one of the parents is disabled or has significant personal expenses that cannot be lowered, this will go into the calculation. The court will also consider if the children have any special needs, and this may cause them to set a higher percentage of support from a noncustodial parent, if the parent has the resources to pay.
A new law going into effect in 2024 put many new factors on the table for the court to consider as it comes up with child support numbers. You can expect the court to consider special needs and expenses of the child, the income of both parents, and any assets that either parent has. They will also take a look at the residences and what it cost for each parent to rent or pay a mortgage.
They’re also going to consider the job skills, employment history, and level of education that both parents have because this can affect their earning potential. The age and health of the parents is also an important consideration, as is anything else that could be a barrier to employment, like a criminal background or a lack of availability in the local job market. Other factors will include whether there are any other children in the home, whether the paying parent pays child support elsewhere, the cost of health insurance, and any union dues or mandatory retirement withholdings that the parent is being made to pay.
What’s the Average Child Support Payment?
In California, the lower end of average is $400 and the higher end is $800 a month. This means that the total average is right about $600, but you’ll be closer to one end or the other depending on your economic situation, your child’s needs, and more.
Can Child Support Be Waived?
In most cases, no. Parents are responsible to take care of and support their children here in California, and there are very few cases where child support will not be ordered. If both parents have similar incomes, and if their residences, ages, and health are about the same, and if the parents share physical custody equally or very nearly equally, the court may decide that the parents are already paying their fair share and will not order support.
It’s important to understand that even if the two parents come to an agreement that allows one parent not to pay, the court will not honor that agreement. A divorcing couple can make many decisions about the details of their divorce and even of their financials, so long as they can agree on those details. But when it comes to child support, as stated above, the court does not consider this the parents’ decision to make because child support is not something owed to one parent or the other but rather owed to the child.
Is It Always Fathers Who Pay?
In the past, there was a tendency for courts to assume that mothers should be given custody and fathers should be made to pay child support. Today, the court assumes that both parents are equally qualified and capable of both caring for their children physically and of providing for them financially, unless there is good reason to believe otherwise.
This means that either parent could have primary custody, or, the parents might share custody equally. In the first case, the parent without primary custody would pay child support, regardless of whether that’s the mother or the father. In the latter situation, there may be no child support ordered if the parents have a similar financial situation. If not, then the higher earning parent will still pay child support so that the total burden of supporting a child is born equally and the child will have a consistent standard of living, no matter which parent they are staying with at the moment.
When Does Child Support End?
Don’t make the mistake of assuming that as soon as a child turns 18, child support automatically ends. This is generally the cut-off date, but if a child is 18 and still attending high school full-time and is not self-supporting, child support will continue either until they graduate or until they turn 19. Child support can end early if the child passes away, enters active military duty, enters a valid marriage or domestic partnership, or if a child seeks legal emancipation from the parent through the courts. In the case of a child who is disabled and cannot live independently, child support may continue indefinitely.
For more help with your child support needs and questions, contact us at Seeley Family Law in San Mateo for help anywhere in the Bay Area.