Child Support

Financial support of children in California is provided for by the Family Code. California, as is the case in other states, has a mandatory guideline for determining the amount of child support one parent is to pay to the other. The guideline amount is determined by a complicated mathematical formula which considers the incomes of the parents, the allowable deductions, the percentage of time each parent has physical custody of the children and other factors which vary with every case.

Generally the parents can agree to a child support amount that is not “guideline”, but must affirm that the children’s needs are met, the agreement is voluntary, and that neither party is on welfare.

Once set, the amount can be modified when circumstances change, ie., if the incomes of the either or both parents change or the child sharing arrangement changes the percentage of the time each parent has the children.

Under current law, the parent’s obligation for child support will continue until the child turns 18. But if the child is still in high school after turning 18, the support will continue until the child is no longer in high school, but stops when the child reaches age 19, even if the child is still in school. If the parents agree in writing that child support will continue after this time, the court can enforce the agreement, but without such an agreement, the court is bound by the legal limit.

Unlike spousal support or alimony, child support is not taxable as income to the recipient, nor tax deductible for the payor.

You can obtain an approximate guideline calculation of child support for a small fee at SupportScan.comtmOur office makes no warranty, expressed or implied, concerning the accuracy of the child support calculations made by SupportScan.com. Remember, a child support obligation can represent a considerable amount of money over the life of a child. It is important to have all the factors upon which the payment amount is made, evaluated by an experienced familly law attorney.

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