Child Support in California

San Diego CA Child Support Lawyers

The matter of child support is one of many that people who are engaged in a dissolution of marriage proceeding in the state of California are going to have to address, but the state makes it quite simple, and the system that they use is very fair to both parents. The first thing that needs to be decided before child support is calculated is the issue of primary physical custody of the child or children involved. It is worthwhile to note that there are two different forms of custody. There is the one that immediately comes to mind for most people, that of physical custody or where the child will reside for the most part. But there is also a component known as legal custody, and this provides a parent with the authority to make decisions on behalf of the child. Each form of custody can be solely granted to one parent, or shared between the two.

Once the primary custodial parent has been established by mutual agreement or court order, the non-custodial parent is going to have to pay child support.  In the state of California the Income Shares Model is used to calculate the amount of child support that must be paid, and this model proceeds from the standpoint that each parent should share equally in contributing to the financial support that is necessary to provide for the children. However, the means of each parent are taken into account. For example, let say the state guidelines mandate $500 per month as the total cost to care for the former couple’s only child. For the purposes of our example, the mother has primary physical custody and earns $2000 per month. The father makes $3000 per month. The total combined monthly income of the parents is $5,000, and the father earns 60% of that amount. So he would be required to pay 60% of the $500 per month that the state guidelines call for, resulting in a monthly child support payment of $300.

One thing that is important to remember is that child support responsibilities are not etched in granite. If the income levels of one or both of the parents change significantly, or if the needs of the children were to  increase, a modification of the child support payment amount may be in order.

If you have questions about a child support matter, contact an experienced San Diego CA divorce attorney for a free consultation.