Understanding California’s Child Support Laws

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Child support in California is an order from the court that requires a non-custodial parent to pay a certain amount every month as their contribution towards their child’s upbringing. You should consult with a knowledgeable San Diego child support attorney who can explain the specific guidelines provided under California law to calculate your child support amount.

While determining the child support amount based on the standard guidelines, a California judge will consider a number of factors. These may include the age and health of the child, any special needs of the child, the income of each parent, the amount of time the child spends with each parent, and the number of children involved. 

Your child support attorney will help you present the relevant facts and evidence before the court to ensure that the child support amount is accurately determined.

Determining Income of Each Parent

To calculate child support amount, a California family law court will consider your and the other parent’s net disposable income. To determine this figure, they will first assess the gross yearly income of each parent, subtract tax and other deductions from this amount, and divide the net remaining amount by 12 to compute your monthly net disposable income.

child support attorneyWhat Happens if the Other Parent Claims “No Income”?

Your San Diego family law attorney will help protect your interests if the other parent attempts to avoid child support by claiming they are unemployed or under-employed. Your attorney can present evidence before the court which shows the intentional behavior of the non-custodial parent to avoid child support. In this case, the judge will consider their “earning ability” and impute income to that party.

Determining Timeshare 

Timeshare in a California divorce refers to the amount of time that both parents individually devote to their child’s upbringing. If the child goes to a daycare or a school, the court will consider factors such as which parent picks up and drops the child, who attends to their academic and extra-curricular activities, and who visits for school events etc. Similarly, if the child falls sick, the court will consider who takes them to the doctor or provides care at home.

Deviation from the Standard Guidelineschild support attorney

If the child support calculation is straightforward, the court may use a standard arithmetic formula (usually with the assistance of a computer program) to calculate child support. But in some cases, the California family law court may exercise its discretion to deviate from the guidelines and order a higher or lower child support amount. 

A competent San Diego family law attorney can help ensure that full facts and evidence are brought before the court to protect your and your child’s best interests in this case. Even at a later stage, if your circumstances change, your lawyer can help you obtain a child support modification order from the court. 

Consult with a Seasoned San Diego Child Support Attorney 

Child support is one of the important elements in many San Diego family law cases. At Neumann Family Law, APC, we are committed to protecting your and your child’s rights in this matter, whether you are a custodial or non-custodial parent. To schedule a complimentary phone consultation or an appointment with our dedicated attorneys, call us at (619) 282-1107

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