The issue of child support is always a part of any divorce case or mediation. The amount of child supporting you will pay is explained and determined according to the California Family Law Code. In order to ensure that California law conforms to the federal regulations for guideline child support, a complicated formula has been devised which looks mainly at two factors: each parent’s income and the time spent by each parent with the child/children. There are other additional factors which may impact the payment such as child care expenses, home mortgage payments, tax filing status and other costs specific to your family situation.
These numbers are inserted into a computer program called a DissoMaster to calculate your payment. The determined amount is the minimum level of child support for each of your children that a judge will require you to pay. This computer calculation provides uniformity to child support across California.
It is important to know that during mediation, a DissoMaster figure may be discussed; however, mediation results in a negotiated agreement between both parties. Thus, you and your partner may arrive at a child support figure that perhaps differs from the DissoMaster calculation, but can be acceptable to you based on facts specific to your family’s needs.
The principles behind the child support statutes are based on the belief that parents’ first and principal obligation is to support their children according to the parents’ situation and economic position in life. In translation, this means that children of a television celebrity may receive thousands of dollars of child support a month in consideration of their life style, which may include private schools and specialized lessons. In contrast, the children of two schoolteachers who attend public school could conceivably be awarded much less money in support.
Additionally, it is important to know that both parents are mutually responsible for the support their children. Furthermore, you should keep in mind that child support continues until your child is 18 years old or if your child is a full-time high school student and not self – supporting, you extended until the child is 19 years old or completes 12th grade.
Additionally, the basic child support guideline amount may be increased by “add-ons”. These are specific expenses that parents may be ordered to contribute for the benefit of their children. Family Code Section 4062 lists two types of add-ons: mandatory and discretionary. The mandatory add-ons which the judge is required to order include child care costs related to the employment or to the reasonable necessary education of training for employment skills; and for the reasonable uninsured health care costs for the children. Discretionary add-ons include costs related to the educational or other special needs of the children and potential travel expenses for visitation. Both parents share these additional expenses equally unless this is not reasonable and then they are apportioned based on each person’s net spendable income.
There is a formula that the court uses to determine the parents’ respective net spendable income for the purposes of determining add-ons. Family Code Section §4061(b) provides that first the guideline child support amount is calculated. Then the amount of the guideline is deducted from the income of the paying parent, but not added to the income of the receiving parent. Finally, if one parent is paying spousal support, the amount of the spousal support is deducted from the income of the paying parent and added to the income of the receiving parent.
All of the above child support criteria are rules that are applied to a case that is in litigation. During all facets of support for your children are discussed and taking care of them both financially and emotionally are our key concerns. We will work with you to find a figure that fits for your family.