HOW IS CHILD SUPPORT CALCULATED IN CALIFORNIA?

A Guide to California’s Child Support Rules

UNDERSTANDING CHILD SUPPORT

Child support is paid any time a child is not

being raised together by two parents

Child support is based on the premise that it is

EACH CHILD’S FUNDAMENTAL RIGHT to receive support from

both his mother and his father

CHILD SUPPORT CANNOT BE WAIVED in a prenuptial agreement and a parent may be required to pay child support even if he or she has no visitation or

contact with the children

A STANDARD FORMULA IS USED

A STANDARD FORMULA is used to determine the amount of child support

a parent in California must pay

Child support is generally not independently negotiated in a divorce settlement as the formula is used to

ensure every child gets the support he or she needs

Any attempts to deviate from the standard formula would need to be

justified

A lesser child support payment than determined by the formula would

generally not be permitted although a parent could pay more support than is

required

A CALCULATOR DETERMINES YOUR SUPPORT OBLIGATION

Because the formula used to determine the amount of child support required is a

complex formula, a calculator is used to determine the amount of support that a

parent must pay

The calculator is called the

DISSOMASTER

The variables relevant to your situation must be entered into the Dissomaster,

which will determine the support obligation

FACTORS THAT AFFECT CHILD SUPPORT

A variety of different factors are used in California’s child support formula to

determine the amount that must be paid

These factors include:

Your marital status

Your income

The other parent’s income

Whether you have a mortgage and property taxes

Your required monthly bills

The visitation schedule with each child

THE NUMBER OF CHILDREN YOU HAVE IS IMPORTANT

The number of children you have is also a factor in the amount of support

that you are required to pay

If you have children from a prior marriage or relationship that you are already paying support to, this will be

taken into account when using the Dissomaster calculator

THE MORE CHILDREN YOU HAVE, the larger the support obligation

A CHILD’S SPECIAL NEEDS ARE A FACTOR

IF YOUR CHILD HAS SPECIAL NEEDS THAT RESULT IN MORE COSTLY CARE,

such as in situations where your child is disabled, this is taken into account when calculating your child support obligations

YOU MUST PAY THE REQUIRED CHILD SUPPORT AMOUNT

Once the appropriate amount of child support is determined,

a child support order will be created

You must pay the required amount of child support or could face

consequences including:

seizure of your tax return

potential loss of your driver’s license or professional licenses

jail time

CHILD SUPPORT PAYMENTS are often deducted directly from your

paycheck and paid out to the recipient parent

WHAT IF YOU NEED TO CHANGE YOUR CHILD SUPPORT PAYMENTS?

IF YOU NEED TO MAKE A CHANGE TO YOUR CHILD SUPPORT PAYMENTS, you will need to petition to have the

support order changed

There must be a material change in circumstances in order for your child

support obligations to be altered

An experienced divorce and family law attorney should be consulted to assist

with changing your child support obligations

We invite you to contact us at (925) 314-2320 to

schedule a consultation

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