Going through a divorce when children are involved is never easy. Emotions run high, and you might find your finances being strained. In many cases, one parent must pay child support to help take care of the child’s financial needs.
One of the first things non-custodial parents often want to know is how much their child support payments will be.
California has a mandatory statewide formula that determines how much child support must be paid. This formula considers both parents’ income and the child’s time with each parent.
Dive into all the details below to learn more about how to calculate child support payments in California.
How Can I Calculate California Child Support Payments?
The state of California provides a child support calculator that you can use to estimate child support payments.
Additionally, the law specifies the formula that will be used by the courts when determining the amount of child support that is due.
What Factors Are Included in the Calculation?
The formula considers:
- Both parents’ income
- How much time the child spends with each parent
- The number of children involved
- Other discretionary factors that may be relevant
In California, both parents have a duty to financially support their child, regardless of the details of the child custody agreement.
When the non-custodial parent has a substantially higher income than the custodial parent, child support payments may positively affect the custodial parent’s standard of living. The ultimate goal of the formula is to do what is in the best interest of the child.
How Much Control Do Courts Have?
Courts in California do not have much leeway to stray from the child support formula’s result. Courts were once given broad discretion to adjust the amount of child support, but that is no longer the case. The formula is used to avoid litigation and help the parents come to a fair and equitable agreement.
The law in California now says that the result of the child support formula is “presumed to be the correct amount of child support to be ordered.” Courts may only change this amount when the amount resulting from the formula would be unjust or inappropriate under the circumstances.
What Are Common Disputes in Child Support Cases?
One of the biggest disputes during child support calculations is the amount of income to include. One parent may try to claim a much lower income to reduce their child support obligations. When calculating child support, family law judges use the same definition of income as the Federal government.
What Evidence Is Needed to Prove Income?
Litigation occurs frequently over how much income should be considered for the child support formula. If your child support case involves litigation over income, you must be prepared to provide evidence to support your stated income.
Common types of evidence used in this litigation include:
- Paystubs
- Tax returns
- W-2 forms
- Self-employment income documentation
- Other evidence that can provide proof of your income
Keep in mind that the court may issue a temporary child support order while your divorce is pending. This can allow the court time to hear all the evidence and make a final decision while ensuring the child is getting the support they need in the meantime.
Modifying Child Support Payments
Just because a child support order is in effect does not mean that it will stay the same forever. There are situations when the amount of child support can be changed. A child support calculator can help you quickly determine whether you might need to ask for a modification of child support payments.
Child support payments can be increased or decreased, depending on the circumstances. Generally, there must be a change in circumstances to ask for a child support modification.
Some situations that might warrant an adjustment include:
- A change in the custody situation
- Loss of employment
- One parent has had a substantial increase in income
Keep in mind that child support modifications are not retroactive. This means that changes are only effective from the time you ask for them. This is why you should always seek a child support modification as soon as possible if there has been a material change in circumstances.
Contact Our Los Angeles Child Support Lawyers for a Case Evaluation
If you need help calculating child support payments, contact the experienced team at Berenji & Associates Divorce Lawyers today. We have more than 45 years of combined experience in family law. We can help you determine how much child support is appropriate in your case and help gather evidence to support your claim.
Child support and other family law matters can get complex. When your child’s standard of living is at stake, do not leave things to chance. Call Berenji & Associates Divorce Lawyers to get the help you deserve. Contact us today for a case evaluation and learn more about how we can help.