When parents separate, divorce, or break up, conversations regarding the care of the children are likely to arise. When parents split, children tend to primarily live with one parent or the other, called the custodial parent, and the non-custodial parent pays child support. If you have been ordered to pay child support, you may find yourself asking, “How much is child support in California?”
No matter the custody arrangements, all parents are legally required to provide for their child’s needs. Child support refers to the financial payments made to the custodial parent to provide for the child. It is a means to make sure each parent pays their fair share. At the Ewing Law Group, PC, we can help you make sense of child support payments and how they are calculated.
Who Is Required to Pay Child Support?
In California, courts do not discriminate regarding who pays child support. No matter their gender or sexual orientation, parents may be ordered to pay child support. Sometimes, both parents are required to pay child support when there is a joint custody arrangement. However, the non-custodial parent is usually the one who is ordered to pay.
California places significant importance on how much time the parent spends with the child when calculating child support payments. Other factors that are considered are the:
- Income of the parents
- Children’s standard of living
- Earning capacity of the custodial parent
How Is Child Support Calculated in California?
When calculating child support payments, the judge will use the parents’ net disposable incomes, among other factors, to determine the amount. In these estimates, alimony, other child support requirements, health insurance, and retirement funds will be subtracted from the income numbers used in the calculations.
If you are attempting to calculate your own child support payments in California, here is a list of information you will need to collect:
- Each parent’s gross and net disposable income
- Each parent’s time spent with the child as a percentage
- Childcare costs, such as extracurricular activities, travel costs, healthcare, education, etc.
Your gross income is the amount of money from various sources that you receive. Gross income includes the total money you take in from wages, self-employment salaries, commissions, bonuses, income from rental properties, pensions, investment income, employment benefits, and spousal support, among other sources.
Net income is gross income minus expenses, such as federal income taxes, mandatory payroll deductions, health insurance premiums, alimony, and any deductions for extreme financial hardship.
Once this information is collected, your child support payments can be calculated. It’s important to note that the judge has the final decision on how much child support payments will be, and the calculations are only a guideline. Child support payment calculations in California are a bit complicated, but they come down to one formula: CS=K(HN-(H%)(TN)).
- CS = Child support, which is the amount of money you may be ordered to pay based on one child.
- K = The combined total income of both parents that should be devoted to child support.
- HN = High net, or the net monthly disposable income of the higher-earning parent.
- H% = The approximate percentage of time the higher-earning parent spends with the child compared to the other parent.
- TN = The combined total net monthly income of both parents, which is different from K.
If the parents share more than one child, these figures are multiplied by each consecutive child using a specific multiplier.
In general, the larger the difference between the parent’s income and the less time the child spends with the higher-earning parent, the more that parent will owe in child support. If the result of the calculation is a positive number, the higher-earning parent may be ordered to pay that amount to the lower-earner. If the result is a negative number, the lesser-earning parent may be ordered to pay the absolute value of that amount to the higher-earner.
It is assumed that the custodial parent will expend most of their resources caring for the child, so this calculation attempts to make it fair for both parents. It is also important to note that, in California, child custody and support arrangements are largely based on the interest of the child, so anything that impairs this can change the amount of support owed.
FAQs
Q: How Do They Calculate Child Support in California?
A: In California, child support is calculated using a variety of factors. However, the main formula for calculating child support is CS=K(HN-(H%) (TN)). Each letter represents a unique aspect of child support, such as:
- The parents’ combined net income devoted to child support
- The parents’ combined monthly net income
- Time spent with the child
- The higher-earning parent’s net income
Q: How Much Is the Average Child Support Payment in California?
A: The average child support payment in California is difficult to estimate. This is because every case is different, every child’s needs are unique, and every parent’s earning ability and income are not the same. Furthermore, no matter the calculation, the judge determines how much child support is owed based on various factors. Sometimes, if the parent with the lower income is obliged to pay, they can receive a low-income adjustment.
Q: How Much Will Most Fathers Pay in Child Support?
A: Determining how much most fathers will pay in child support is difficult. Firstly, both mothers and fathers can be responsible for paying child support, as it depends on who spends the most time with the child. However, since some fathers may have to pay child support while raising other children, or they have to pay child support in multiple households, their payments may be adjusted. This is because child support is treated as an expense and deduction from their gross income.
Q: What Is the Minimum Child Support in California?
A: There is no minimum child support payment in California. Instead, child support is calculated based on the state’s set formula. This formula is intended to be fair for both parents and in the interest of the child. In addition to the income of the parents, and their ability to pay, the amount of time each parent spends with the child is considered.
Contact the Ewing Law Group, PC
If you have been ordered to pay child support and need help understanding your payments, contact the Ewing Law Group, PC, today. Our experienced lawyers can provide personal attention to your case, making sure you are not paying more than your fair share. Call us today to learn about our affordable rates.
