California Child Support Guidelines

California child support laws require both parents to support their minor children in the event of a divorce or separation. California courts use a standard formula to ensure that the parent best able to pay support makes payments. The parents' combined income and the needs of the child determine the amount of child support.

California Family Code sections 4050-4076 outline the methods for calculating child support. The codes also give judges discretion to modify guideline calculations if necessary. Judges calculate child support amounts separately from other financial matters in divorce. Orders for alimony and other payments do not affect the amount of support for children.

California's child support guidelines attempt to preserve the lifestyle enjoyed by the child before the parents' separation. This article reviews how California family law courts make child support orders.

Child Support Obligations

Under California law, parents must provide food, shelter, clothing, and medical care for their children until the child is a legal adult. A parent's duty of financial support can't be waived or terminated by any action of the parents. In other words, parents can't "terminate their parental rights" to avoid child support payments.

A judge must enter a formal order severing a parent's rights to end their support obligation. This only happens when:

• The child is being surrendered for adoption
• The parent abandons the child
• The child is in immediate danger from a parent

Parents are responsible for child support even if incarcerated, unemployed, or indigent. The California child support calculator bases the support amount on the income of both parents, parenting time, and the parents' ability to pay.

Child Support Calculator

California courts use a simple formula to determine the amount of support each child needs. The formula seems arbitrary at first, but courts have found it reliably results in a fair and equitable order for all parties.

The formula for calculating child support is CS = K[HN – (H%)(TN)].

CS is the amount of child support.

K is the total income of both parents. Income means "disposable income" and includes all sources of income, such as wages, unemployment benefits, Social Security, or disability payments.

HN is the higher-earning parent's net monthly disposable income

H% is the percentage of the amount of time the higher-earning parent spends with the child. California law presumes that the custodial parent contributes a larger percentage of the child's living expenses than the non-custodial parent.

TN is the combined net disposable income for both parents. Net income is total income after required deductions such as income tax, health insurance premiums, existing spousal support orders, and other court-ordered payments.

This complex formulation came about due to income disparities in times when the mother was often the default custodial parent. Today, parents are more likely to have equivalent incomes, and 50/50 custody agreements are more common.

Other Factors in Child Support Payments

The calculations offer a guideline amount for child support payments. Family court judges have considerable discretion to modify support orders as needed. The goal of California Child Support Services (DCSS) is the well-being of the child. This means support payments that the payor parent can make.

Sometimes, the guideline formula results in a negative support amount, meaning the lower-earning parent must pay support to the higher-earning parent. A judge might order this or accept a request for modification by the lower-earning parent based on other factors. The higher-earning parent could waive the disparity in payment or adjust the visitation schedule accordingly.

Other reasons to modify or deviate from support guidelines include: (CA Family Code § 4057)

• Parental agreements that meet all legal requirements
• Add-ons such as travel expenses or special needs costs that one parent has agreed to pay
• Health care costs or child care costs covered by one parent's workplace that are not reflected by their income

For instance, one parent could have employer-covered childcare services. The court can add this to the parent's income as part of the child support formula.

Duration of a Support Order

Parents must pay child support until their child:

• Turns 18, or turns 19 and graduates from high school
• Becomes emancipated, legally marries, or enlists in the military
• Dies

Parents of mentally or physically disabled children have a legal duty to support that child after the age of 18 if the child is unable to live alone and can't earn a living (CA Family Code FAM § 3910). Courts consider the child's "likelihood of becoming a public charge" (i.e., on public assistance) and ability to get employment. (In re Marriage of David W. and Cecilia W.)

See also Child Custody, Child Support Modifications, and Child Support Enforcement.

Federal Child Support Rules

Child support orders apply in all 50 states. Local child support agencies in other states can enforce the terms of a court order written in California. The Uniform Interstate Family Support Act (CA Family Code § 5700.101 et seq.) is a federal law that helps families enforce support orders wherever they live.

The original court must make all modifications. Contact a family law attorney if you need to change your support order.

Get Legal Advice from a California Family Law Attorney

California's child support laws have many requirements. If child support or child custody is part of your divorce case, you need an experienced California family law attorney to help you and your children get the child support order that protects their rights.