Is All Income Considered in Child Support Calculation?
The California legislature staunchly believes that a child is entitled to support from both of their parents. Accordingly, a court-ordered child support obligation is handled as any court order would be: non-compliance can result in serious consequences.
It is important to understand that child support is not a “bargaining chip,” or something you can trade back and forth in exchange for more or less custody, etc. To understand further the intricacies of child support and how it is calculated in California, one must first start with understanding how the court determines the amount of child support that is appropriate to award.
Determining Income for California Child Support
The court will determine what child support should be paid based on a formulaic, algebraic equation. This calculation relies on the income of the individual couple it sees before it.
California law defines “income” in regards to calculating child support as:
- Salaries, wages, commissions, and bonuses;
- Pensions;
- Dividends and interest income;
- Rents generated from rental properties;
- Income from a trust or annuity (with exceptions: contact a Cardwell, Steigerwald Young child support attorney who can further explain in detail);
- Payout from worker’s compensation cases;
- Spousal support
- Unemployment and/or disability insurance benefits;
- Social security benefits
As with many things in the law, there are extraneous circumstances that may act as exceptions and apply in your individual case. A qualified family law or child support attorney at Cardwell, Steigerwald Young can offer tailored advice specific to your situation.
Statewide Child Support Guideline
California Family Code Section 4050 contains the parameters around which the courts will set child support rules. These include:
- The understanding that a parent’s primary obligation is to support their minor children in accordance with their financial station in life.
- Both parents equally share the responsibility of supporting their children.
- The guideline formula is assumed to be correct. Only special cases should allow a child support order to fall below the mandated amount generated via the guideline formula.
- Child support is meant to provide children with sufficient, fair, timely support with special consideration of California’s relatively high cost of living.
The Statewide Child Support Guideline Formula
The formula for calculating child support in California is also referred to as the statewide child support guideline. This is a complex algebraic formula that will calculate the appropriate amount of child support to be owed based on factors such as both parents’ incomes, deductions, and custody of the child. (CS = K (HN – (H%) (TN)).
What this really means is that the greater the gap between income, and the less time the higher earning parent spends with the children, the more child support that parent can expect to owe.
As mentioned above, California courts presume that the amount of child support determined by the formula is the correct amount owed. However, it can be established that there is a good reason for a different amount to be used. For information on when either a higher, or lower, child support amount might be deemed appropriate, contact an experienced child support attorney at Cardwell, Steigerwald Young.
Contact Cardwell, Steigerwald Young Attorneys
Child support can materially change a child’s life. The opportunities afforded to them, the choices they are allowed to pursue, are often tied back to what financial resources they have available to them. Every parent wants what is best for their child – an experienced San Francisco child support attorney at Cardwell, Steigerwald Young can help you understand what that is in your own case and help you get there. Contact our office today to begin speaking with our team.
Sources:
codes.findlaw.com/ca/family-code/fam-sect-4050/
childsupport.ca.gov/customer-connect/
