California Child Support Laws

Berenji & Associates Divorce Lawyers has 20 years of combined experience helping families with their child support matters. The following FAQ address common questions we receive. If you have more questions, please call our office at (310) 271-6290 for a case evaluation.

How is child support calculated?

Child support is based on statutory guidelines found in section 4050 of the Family Code. Support is calculated based on each parent’s income and the amount of time the child spends with each parent. You can estimate child support by entering your information in the calculator here.

Under California Family Code §4057(a), the amount of child support determined using the guidelines is

  • “presumed to be the correct amount of child support to be ordered”, and
  • a court will order the guideline level of support unless there is good cause for ordering a different amount.

What does the court consider as “income” for child support?

Los Angeles family courts will take into account a parent’s income from all sources, including:

  • wages/salary
  • self-employment income
  • tips
  • commissions
  • unemployment benefits
  • interest and dividends
  • workers’ compensation and disability benefits
  • Social Security or pension income
  • income from a rental property
  • lottery and other prize income

A parent’s disposable income will be computed by subtracting certain expenses from the parent’s income. Deductions include:

  • state and federal taxes
  • healthcare premiums
  • child and spousal support
  • expenses associated with raising children from another relationship
  • required retirement contributions
  • required union dues

What if I make A LOT more than my ex-spouse – is there a cap to child support?

Under Family Code §4057(b), a judge can award child support that is lower than the guideline amount if:

  • The parent being ordered to pay support has an extraordinarily high income, and
  • The amount determined under the guidelines would exceed the reasonable needs of the children

This is a complex area of California child support law, and if you have an exceptionally high salary, it is in your interests to speak with a qualified Los Angeles family law attorney.

What if I have equal custody (does that mean zero child support)?

Not necessarily. If one parent has more income than the other parent, the parent with more income may need to pay child support or bear a higher share of the costs for things like childcare and uninsured medical expenses.

In other words, timeshare is only part of the equation. We often handle cases where one parent makes significantly more than the other parents. In those instances, the court will want to make sure that the children enjoy the same quality of life with either parent and make an award accordingly.

Remember, child support is about the children and their quality of life, not yours.

Can I reduce my child sup

port obligation if I make less money?

If your financial circumstances have changed significantly, you can request a modification of child support.

Child-support orders may be changed if there has been:

  • a substantial increase or decrease in a parent’s earnings
  • a change in custody
  • a change in the amount of time a child spends with each parent

What is imputed income in terms of child support?

Under California Family Code section 4058(b), a court may use an “imputed income” for a parent that is higher than his or her actual income. This can happen if:

  • a parent’s earning capacity is higher than his or her actual income
  • a parent is not working but could be

A parent’s earning capacity is determined by considering that parent’s ability to work and opportunity to work.

Can I get health insurance for my child as part of a child support order?

Yes. A child support order must include a provision for health insurance for the child. The Family Code requires that both parents maintain medical insurance for the child, including dental and vision coverage, if it is available at a “reasonable” cost.

Can I force my ex to continue paying for our child’s private school?

You can try. The Family Code considers private school educational costs to be discretionary rather than mandatory. Each judge has the discretion to determine whether the proposed cost would be appropriate.

Factors include:

  • the child’s special needs, such as a mental or physical disability
  • the length of time the child has attended the school
  • the reputation of available public schools
  • the parents’ ability to pay for private school

What is a hardship deduction and can I get one?

A hardship deduction is when the court permits you to reduce certain expenses from your gross income for purposes of calculating child support. This deduction is only permitted if the payor parent is experienced “extreme financial hardship” due to justifiable expenses resulting from:

  1. Extraordinary healthcare expenses,
  2. Uninsured catastrophic losses, or
  3. Basic living costs for a natural or adopted child.

This must be from a child that lives with payor parent and that the payor parent has a legal duty to support, so a stepchild would not count. (CA Family Code § 4070.)

The court has broad discretion on whether to allow this deduction. If you are a high-net worth individual, you are unlikely to receive this deduction. Further, courts hesitate to give this deduction for several reasons:

  • A hardship deduction imputes the cost on the other parent,
  • Family Code § 4072 requires the judge to state on the record the facts and circumstances justifying the deduction,
  • The court must also state the duration of the deduction.

If you plan on requesting a deduction, you must carefully fill out your Income and Expense declaration, playing special attention to section 19. The more detail you can provide, the better. Remember, the court is unlikely to grant this deduction if it thinks you are simply trying to pay less child support. You must show an “extreme” financial hardship and provide all required documentation to support your claim. For more information regarding hardship deductions, click here.

What if my ex gets money or room and board from his/her parents – is that income for child support purposes?

This is an extremely complex area of child support law and depends on the particular circumstances. In general, the Los Angeles family courts define income the same way the federal government does, so free room and board from the parents would not be income. However, there are exceptions to this rule. Please speak with an attorney for more information.

How long will I get child support?

Child support generally continues until a child turns eighteen. However, support obligations may continue until age 19 if the child is still attending high school full-time and is unmarried.

A Los Angeles family court judge may order child support payments to continue until the child is even older if special circumstances exist. For example, the Family Code provides that the parents of a disabled adult child may be ordered to continue to pay child support. If you think special circumstances apply to you, make sure you discuss it with your Los Angeles child support lawyer.

Are child support orders final?

No. When there’s a change in custody or visitation, you can seek to modify the child support order.

What if I fail to pay the ordered child support?

If you fail to pay child support, you face many potential consequences:

  • Your wages could be garnished.
  • Your property could be seized.
  • Your California driver’s license may be suspended.
  • Federal law requires that a parent who owes past-due child-support of more than $2500 may not be issued a passport.

What if my ex is refusing to pay the ordered child support?

If a parent has the ability to pay child support, but fails or refuses to do so, that parent may be found in contempt of court and jailed. However, that is a last resort.

Other remedies for failure to pay child support include garnishing wages and obtaining a security interest in the parent’s property.

Is there an app for that?
Yes! There’s actually a free mobile app that lets you:

  • view your latest child-support account information
  • see amounts owed
  • see payments made
  • make an electronic payment
  • set up direct deposit
  • register to receive an electronic payment card
  • contact your local County child support agency
  • learn more about services available from the California Department of Child Support Services

The app is called CAChildSup and it’s available from the Apple App Store and on Google Play. You can learn more about the app here.

Have More Child Support Questions?

If you need assistance with child support matters, call Berenji & Associates Divorce Lawyers today for a case evaluation. Our Los Angeles child support attorneys have years of experience handling these matters. Family courts in Los Angeles can be complicated, and we will help you through the process. We can be reached at (310) 271-6290.

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