California does not use one fixed child support amount for every family. Courts calculate support under a statewide guideline.
The calculation considers both parents’ finances. It also considers how much time each parent spends caring for the child.
The final amount can vary greatly between families. A judge or child support commissioner has authority to issue the order.
How Is Child Support Calculated in California?
California courts use a statutory formula to calculate guideline child support. The formula appears in California Family Code Section 4055.
The main factors are:
- Each parent’s net disposable income
- The parents’ total combined income
- The number of supported children
- The percentage of time each parent cares for the children
- Certain tax deductions and filing considerations
- Other support obligations
- Mandatory and discretionary child-related expenses
Parents can use California’s child support guideline calculator to estimate a possible payment. However, the state currently warns that its public calculator is decertified. It does not yet reflect certain federal tax changes.
The calculator can still provide a rough estimate. It does not guarantee the amount a court will order. A certified calculation may be available through a local family law facilitator.
Her Lawyer’s guide to the California child support uniform guideline explains the policy behind these calculations.
How Income Affects Child Support
California courts review income from many sources. The calculation is not limited to wages from a regular job.
Income may include:
- Salaries and hourly wages
- Bonuses and commissions
- Self-employment earnings
- Interest and dividends
- Rental income
- Unemployment benefits
- Disability benefits
- Workers’ compensation
- Pension and retirement income
- Certain recurring payments or benefits
A court may also consider earning capacity in some cases. This can happen when a parent has the ability and opportunity to earn more.
The calculation generally begins with gross income. The court then applies permitted deductions.
Possible deductions include:
- Federal and state income taxes
- Mandatory retirement contributions
- Health insurance premiums
- Mandatory union dues
- Existing child support actually paid
- Spousal support actually paid
- Certain hardship deductions
Not every personal expense reduces income for child support purposes. Rent, credit cards, and ordinary living costs do not usually create direct deductions.
How Parenting Time Changes the Amount
Parenting time is a major part of the California guideline.
A parent who has more custodial time usually pays more of the child’s daily expenses directly. Those expenses may include housing, food, transportation, and clothing.
The guideline accounts for this responsibility through the parenting-time percentage. Courts often call this percentage the “timeshare.”
An accurate timeshare calculation should reflect actual parenting time. It may include overnights, school days, weekends, holidays, and vacation periods.
A parenting plan that appears equal on paper may not be equal in practice. Courts may examine the schedule the family actually follows.
Does 50/50 Custody Eliminate Child Support?
No. Equal custody does not automatically eliminate child support.
One parent may still pay support when there is a meaningful income difference. The guideline is designed to help children share in both parents’ standards of living.
For example, one parent may earn substantially more than the other. A court may order that parent to pay support despite an equal parenting schedule.
The amount may be lower than it would be under a less equal schedule. However, a 50/50 timeshare does not create an automatic zero-support rule. California Child Support Services confirms that income and parenting time both affect the order.
How the Number of Children Affects Support
The number of supported children also affects the calculation.
Support does not simply double when a family has two children. California’s formula applies an adjustment based on the number of children covered by the order.
The calculation may also consider children from other relationships. Existing support obligations can affect net disposable income.
A court may grant a hardship deduction in limited situations. These deductions are not automatic.
What Expenses Are Included in Child Support?
Guideline child support helps cover ordinary living expenses. These expenses can include:
- Housing
- Food
- Clothing
- Transportation
- School supplies
- Utilities
- General supervision
- Routine personal expenses
The receiving parent does not usually need to provide receipts for each ordinary expense. Child support contributes to the household where the child lives.
Which Expenses Can Be Added to Child Support?
Some expenses may be ordered in addition to basic guideline support.
California law requires courts to add certain costs. These mandatory add-ons generally include:
- Reasonable uninsured healthcare expenses
- Child care related to employment
- Child care related to education or job training
Courts may also order discretionary add-ons. These can include:
- Educational expenses
- Costs related to a child’s special needs
- Travel expenses for visitation
The original article stated that medical bills and tuition were not covered by child support. That statement was too broad. Some of these costs may be added to the regular support order.
Courts often divide add-on expenses equally. A judge may use another division when the parents have different financial circumstances.
Is There a Maximum Child Support Amount?
California does not impose one fixed statewide cap on child support.
The guideline amount generally applies even when a parent earns a high income. However, a high-income parent may ask the court to depart from the guideline.
That parent must show that the guideline amount would exceed the child’s reasonable needs. Courts examine the family’s circumstances and standard of living.
A high income alone does not automatically justify a lower order.
When Does Child Support End?
California child support usually ends when a child turns 18.
Support may continue until age 19 when the child:
- Is unmarried
- Remains a full-time high school student
- Is not self-supporting
Support ends when the first applicable event occurs.
Other events may also end the duty of support. These can include marriage, emancipation, or death.
Parents may agree to provide support for a longer period. A court may also order continuing support for an adult child who cannot support themselves because of a disability.
Past-due support does not disappear when current support ends. Unpaid amounts remain enforceable.
Can a Child Support Order Be Changed?
A support order may be modified after a material change in circumstances.
Common reasons include:
- Job loss
- A significant income increase or decrease
- A new parenting schedule
- A change in child care expenses
- A change in health insurance costs
- A child becoming ineligible for support
Either parent may request a review through the local child support agency. A parent may also ask the family court to modify the order.
California Child Support Services may review an agency case when the calculation would change enough under its standards. The court retains final authority.
A parent should not reduce payments without a new order. Informal agreements may not change the amount legally due.
Can the Paying Parent Claim the Child on Taxes?
Paying child support does not automatically give a parent the right to claim the child as a tax dependent.
Federal tax rules generally give priority to the custodial parent. That is usually the parent with whom the child lived for more nights during the year.
The custodial parent may release the claim in qualifying situations. Court orders may also address tax benefits between the parents.
Child support and tax dependency are separate issues. Parents should review any custody judgment and current federal tax rules.
Speak With a California Child Support Attorney
Child support calculations can become difficult when income changes or parents disagree about timeshare. Self-employment and high-income cases may create added disputes.
Her Lawyer’s California child support attorneys can review the financial records and parenting schedule involved in a case.
Her Lawyer, A Professional Law Corporation, is a California law firm founded by David Hakimfar, Esq. Contact Her Lawyer to request a consultation about establishing or modifying child support.