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Calculating Child Support Under California Guidelines

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.

Applying the Guideline

The guideline itself is a very complex algebraic formula that uses the parents’ income, deductions, and time spent with the child to come up with a dollar amount for child support. Like other states, California has an online child support calculator you can use to come up with the applicable amount in your case. To determine child support, you must have:

  • the gross incomes of each parent
  • the percentage of time each child spends with each parent
  • any available income tax deductions that the parents can claim, such as mortgage interest
  • mandatory payroll deductions, such as health insurance, pensions, and union dues, and
  • child care costs incurred by either parent.

Once you plug this basic information into the calculator, it will generate an amount.

The Formula

Just in case you didn’t believe it was complicated, here is the formula California uses to calculate child support:

CS = K (HN – (H%) (TN)).

Here’s what the letters mean:

  • CS is the child support amount. This is what the formula will calculate once you’ve plugged in all of your information. The amount will be for one child. If a couple has more children, they must multiply the CS amount by a figure set out in the law, which depends on the number of children.
  • K is the combined total of both parents’ income to be allocated for child support. (The amount of the parents’ combined income that must be devoted to child support, in turn, depends on how much the parents earn and on how much time the higher-earning parent spends with the child.)
  • HN stands for high net: The net monthly disposable income of the parent who earns more.
  • H% is the approximate percentage of time that the high earner has or will have primary physical responsibility for the children compared to the other parent. (For example, that parent might have the children 25% of the time, while the other parent has them 75% of the time.) In cases in which parents have different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the high earner parent spends with each child.
  • TN is the combined total net monthly disposable income of both parents.

Now you can see why everyone — including lawyers and judges — uses a calculator! Generally speaking, though, the greater the disparity between the two parents’ income and the less time the higher earning parent spends with the children, the more child support that parent will owe.

Deviations from the Guideline Amount

California Family Code §4057(a) states that the guideline amount of child support, as determined by the formula, is “presumed to be the correct amount of child support to be ordered.” This means that the judge is required to order the guideline level of child support, unless there is a good reason why a different amount of child support would be appropriate.

In creating the child support guideline, the California legislature understood that there may be situations when the mechanical application of the guideline would not be fair or reasonable. Family Code §4057(b) contains a list of factors which, if present, can justify a judge’s decision to award child support that is higher or lower than the amount generated by the guideline formula. Among those factors are:

  • The parent being ordered to pay child support has an extraordinarily high income and the amount determined under the formula would exceed the needs of the children.
  • A parent is not contributing to the needs of the children at a level commensurate with that parent’s custodial time.
  • Both parents have substantially equal time with the children and one parent has a much lower or higher percentage of income used for housing than the other parent.
  • The children have special medical or other needs that could require child support greater than the formula amount.

Child Support Add-Ons

In addition to the basic child support guideline amount, a parent can be ordered to contribute to specified expenses that are for the benefit of the children. Family Code §4062 lists two types of child support add-ons:

  • Mandatory add-ons: The judge is required to order a contribution to the following as additional child support: (1) child care costs related to employment or to reasonably necessary education or training for employment skills; and (2) the reasonable uninsured health care costs for the children.
  • Discretionary add-ons: The judge can also order a parent to contribute to: (1) costs related to the educational or other special needs of the children; and (2) travel expenses for visitation (this appears to refer only to travel expenses incurred by the custodial parent).

If the judge orders any child support add-ons, such expenses are to be equally shared by the parents. However, where an equal allocation of these expenses is not reasonable, the court is authorized to allocate them between the parents in proportion to their net spendable incomes. Family Code §4061(b) provides that the following three-step procedure is to be followed to determine the parents’ respective net spendable incomes for purposes of allocating the child support add-ons:

  • First, the guideline child support amount is to be calculated.
  • Second, the amount of guideline child support is to be deducted from the income of the paying parent but not added to the income of the receiving parent.
  • Third, if one parent is paying spousal support to the other parent, the amount of spousal support is to be deducted from the income of the paying parent and added to the income of the receiving parent.
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Should I change my name after a Divorce

Divorce can be a long process that may drain your energy and leave you feeling out of control. No matter what has occurred in your past, your future always offers a fresh start. Now, more than ever, you have the chance to build the life you’ve always wanted.

The first step in creating your new life is to find out what you want. Then take the steps you need to have your dreams become reality. If you’re ready to create a new life after divorce getting your name back may be just the action necessary to kick-start the new you.

Changing your name after a divorce is a very personal decision and a complicated process, which tends to raise a large number of questions. Before you begin your name-change, it may be beneficial for you to read through some of the most frequently asked questions below.

Do I have to change my name after the divorce?

There are no requirements for you to change your name after your divorce. Resuming your former name marks a return to your former self, and for many women, it represents a positive step towards their new life.

How do I make sure I can change my name after the divorce?

Be sure to request that the judge presiding over your divorce makes a formal order restoring your former or birth name. If your divorce decree contains a name-change order it will serve as legal proof of your intended name change when you file your state and government forms.

What if my divorce decree does NOT have an order that restores my name?
You should be able to modify your divorce decree to include a name-change order. It is easiest to contact the court clerk that issued your divorce decree to request a modification.

What do I need to do to change my name?

You will need to complete and file name-change forms for Social Security, IRS 8822, United States Passport, United States Postal Service, and your state driver’s license. After filing those forms you will need to call or submit letters to all of your creditors such as banks, credit cards, physicians, insurances, ect.

How do I know when I’ve gotten my name back?
Once you’ve filed all of your state & U.S. government name-change forms and notified all of your creditors of your new name, your name-change is almost complete. You will know that your name is legally changed when you receive your new Social Security card, Driver’s license, and U.S. passport with your new name on them.

For further information or to get started please contact us 1-800-524-6801 or info@legaldocs101.com

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Do it yourself Divorce

At the heart of every divorce are four issues:

1. Division of community and/or marital property
2. Division of debt
3. Custody of any children
4. Payment of child and/or spousal support

While no divorce is truly “uncontested” in the sense that there are no disagreements, these disputes do not always have to be resolved in court. That’s what we mean by an uncontested divorce – one where the spouses can reach a decision as to the terms of the divorce without going to trial. Uncontested divorces move more quickly through the courts and are less expensive than contested divorces.

Every couple seeking a divorce should first attempt to work out mutual terms for the separation without going to court. If the spouses cannot resolve disputes on their own, many people utilize arbitration and mediation, with or without attorney representation. This saves time and money by bypassing the lengthy litigation and trial process. An uncontested divorce typically reduces hostility, allowing both parties to resume their lives more quickly.

Complex issues, high financial stakes and technical legal procedures are the marks of contested divorces. While an uncontested divorce can often be performed without an attorney, litigation often makes experienced counsel necessary for a contested divorce. If one spouse is represented by an attorney or there are difficult financial issues, seeking an attorney may be wise.

Under most state laws, a divorce (or “dissolution”) action must be filed and decided in court. All states have a “no-fault divorce” policy. In other words, the courts are not concerned with which spouse was guilty of marital misconduct.

The following legal requirements are necessary to file for divorce in most states:
1. Residency: The spouse filing for divorce must have resided in the state and county for a certain period. Six months is a common state requirement, and three months is typical at the county level.

2. Waiting Period: Most states have a mandatory waiting period from the filing to the finalization of a divorce. In other words, you cannot file and finalize a divorce on the same day. The average waiting period is 6 months but can be anywhere from 0 to 12 months. After the waiting period, the divorce is finalized and both parties are free to remarry.

3. Legal Grounds: States generally recognize two legal grounds for divorce: (1) irreconcilable differences and (2) separation. “Irreconcilable differences” simply means there are marital difficulties that cannot be reconciled and have led to the permanent breakdown of the marriage.

4. Jurisdictional Requirement: An action for divorce must be filed with the proper court. The appropriate court is typically in the county where either the wife or husband has resided for at least 3-6 months prior to filing for divorce.

A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.

Serving the Divorce Petition

The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers.

Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.

Divorce Petition Response

The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.

Final Steps of a Divorce

Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.