Child Support

In California, child support is based on a complex calculation that takes into consideration the parents’ incomes, how much time each parent spends with the child, and any tax deductions that are available to either parent. This formula is applied whenever the support of a minor child is to be determined, including in dissolutions (divorces), paternity, and domestic partnership cases. The Statewide Child Support Guideline can be found at California Family Code Section 4050. Below, we explain how California’s child support guidelines work.

Purposes of the Guideline

There are two purposes for the guideline: to provide for a minimum level of child support for a child; and to provide for uniformity in the calculation of child support. To achieve these purposes, state law requires judges to follow the guideline, with deviations allowed only in limited and specified situations.

Underlying Principles

The guideline statute begins by setting forth the principles that courts are to follow in applying the rules. Among those principles are the following:

• A parent’s first and principal obligation is to support his or her minor children according to the parent’s situation and station in life.
• Both parents are mutually responsible to support their children.
• The guideline is presumed to be correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formula.
• Child support orders must ensure that children actually receive fair, timely, and sufficient support, which reflects the state’s high standard of living and high costs of raising children compared to other states.