There is a common misconception that a parent will only have to pay child support if he or she is the noncustodial parent, meaning the parent with a lesser percentage of child custody. In reality, financial support for a child is not dependent solely on where the child lives. California courts use a child support calculation that includes many factors.
How Is Child Support Calculated in California?
Child support is a financial obligation given to one parent to ensure that the child maintains the same standard of care and living that he or she enjoyed prior to a divorce or legal separation. Child support is based on the belief that a child should not have to suffer any adverse financial consequences of their parents’ decisions.
In California, a state-mandated formula is used to calculate child support orders. The California Child Support Guideline Calculator considers the gross incomes of both parents and the amount of parenting time assigned to each. Gross income includes wages and earnings from a job as well as rental income or unemployment benefits.
The formula also takes into account the approximate percentage of time the higher-earning parent will have physical custody of the child. This will be subtracted from his or her financial obligations. There are also deductions for taxes, childcare expenses, costs associated with job training and the costs of raising children from other relationships.
Shared Custody and Child Support
In a situation where the parents of a child are given equal shares of custody in a 50/50 split, it can seem unfair that one of the parents will still have to pay the other a certain amount in child support. However, the courts may come to this arrangement based on how much each parent earns.
If one parent makes significantly more than the other, he or she may still have to pay child support to ensure that the child maintains the same standard of living, even when the child is with the other parent. If Parent A makes $200,000 a year, for example, and Parent B makes $50,000, Parent A would be given a child support obligation to ensure that Parent B can provide the same quality of life while the children are in his or her physical care.
Another situation where a 50/50 child custody split could involve a child support order is if one parent is paying more for the care of the child. If one parent gets to keep the family house and does not have to make a housing payment, for example, while the other is renting an apartment, the parent with the housing expense may be eligible for child support payments from the other parent.
Can Parents Come Up With Their Own Child Support Arrangement?
Yes and no. While it is possible for the parents of a child to create their own child support agreement, it must be approved by a judge for it to go into effect. The courts will not sign off on a child support arrangement that does not protect the best interests of the child. If the proposed amount of child support is significantly lower than what the Child Support Guideline Calculator comes up with, the courts may not approve it.
It is also possible to change a child support obligation once it is ordered by a judge in California. However, this is only approved in cases where the paying parent can show a significant and permanent change in circumstances from the time that the original child support order was created, such as the loss of a job or the birth of another child. For more information about your specific child support or custody case, contact Boyd Law for a legal consultation.
