Do Women Pay Child Support in California?

Are Mothers Ordered to Pay Child Support?

A judge can order a mother to pay child support for her child’s expenses and upbringing. Here is what you need to know about child support and when women should expect to pay it.

California’s child support laws and calculator are based on the principle that both parents must pay equally, in proportion to their incomes, for the raising of their child— mothers are not exempt from this principle. If a mother has a higher income than the child’s father or has decided that her child will not reside with her, she should expect to pay child support to the father in order to help with the expenses of raising the child.

California’s Law for Determining Child Support

Section 4055 of California’s Family Code explicitly lists that both parents will need to allocate part of their income to child support, and makes a difference between income and disposable income. The law also considers the amount of time a parent spends with the child. Establishing the amount of time is crucial because an increase in time spent with a child is an increase in the amount of money a parent spends on their child. Time spent refers to days the child lives with the parent or the frequency of visits. The online calculator provided by California Child Support Services is a service that parents can use to estimate the amount of child support they will be expected to pay or should expect from a parent. A court may accommodate the amount given by the calculator based on other factors.

Higher Net Monthly Disposable Income: Mother Pays

If a mother is in a situation where she has a higher net monthly disposable income, the court will most likely order the mother to pay child support to the father for the costs of raising their child. While this situation is not as common, it is not unheard of, and increasingly being seen. A mother paying the father child support is most commonly witnessed in cases where the child does not reside with the mother. If this is not the case, then a mother who has a higher net monthly disposable income will be expected to pay a higher amount of money towards the cost of raising the child, but not to the father himself. A father may be entitled to alimony if he and the mother were married, but this compensation is separate from money that a mother must pay in the form of child support.

Not The Primary Residence of the Child: Mother Pays

The court will most likely order a mother to pay child support to the child’s father if the child does not primarily reside with her, but with the father. A court will order the mother to pay child support because a mother is still expected to contribute to the costs of raising her child, even if the child does not live with her.

If a child lives with the mother half the time (typically a 50/50 custody agreement), a mother may be expected to pay child custody if she earns a higher income, or has lower costs of living than the child’s father. If both parents make roughly the same income, but the father has a higher cost of living, a mother will most likely have a higher burden, because her disposable income is greater.

Exceptions That Result In a Mother Not Paying Child Support

If a mother is the higher earner and her child does not solely reside with her, she can still avoid paying child support. A mother who is a higher earner but has roughly the same amount of disposable income as the child’s father may find herself exempt from paying child support to the father. Also, a mother who shares 50/50 physical custody with the child’s father may not need to pay child support because the costs of housing and raising the child are equally distributed. This is usually only viable in cases where an equal amount of disposable income is proven first.

FAQS

What if I can’t afford to pay child support to the child’s father?

The amount of child support you are expected to pay is taken from the amount of money a court determines you can pay. If a court determines that your disposable income is too little, you may be exempt from paying child support; however, a judge will typically only allow for an exemption for a certain period of time.

If I earn more than the child’s father but the child lives with me, will I still be expected to pay child support?

You will most likely need to pay a higher percentage of the child’s costs, but will not need to pay child support to the father. However, if you were married, you may be expected to pay alimony.

Contact Us

If you or a loved one would like to know more about if women pay child support in California, get your free consultation with one of our https://herlawyer.com/female-child-support-attorneys/California Child Support Attorneys today!