Child Support
Child support is the money one spouse must pay to the spouse with physical custody to assist with things such as school costs and everyday needs. In the 1980s, federal laws were passed ordering states to establish guidelines for determining the base amount of child support. These laws came into effect due to beliefs that child support payments were too low and the wide variation in ordered payments for similar circumstances caused confusion and complaints.
Today, the California State Legislature calculates the final amount using a complex algebraic equation factoring in things such as parent income and number of children. Most family law attorneys and all California courtrooms have software to assist in computing the guideline amount. The formulas are based on studies estimating the normal costs for a family to raise children. However, due to the unique situation of each case, it is often difficult to predict an amount with absolute certainty.
Payment guidelines attempt to approximate how much a parent would have theoretically spent on a child if the divorce had never taken place. The final number is determined after courts plug their estimates into the guideline formula. The guidelines apply equally to children born to married parents and to children born out of wedlock.
Moschetti Family Law can help you through this difficult time. If you would like help determining what the state will approve, please contact our office. We use the same software that the courts use to determine the guideline support amounts, and would be happy to crunch some numbers for you. Call us at
Articles
California Child Support FAQs
Should I keep Records of Support Payments?
Codes
Family Code §150 - Support Defined
Family Code §3900 - Equal Duty of Parents to Support Child
Family Code §3901 - Duration of Duty of Support
Family Code §4053 - Implementation of Statewide Uniform Guidelines; Principles to be Followed
Family Code §4055 - Statewide Uniform Guidelines for Determining Child Support
Family Code §4056 - Amount Differing from Guideline Formula
Family Code §4057 - Amount of Child Support Established by Formula; Rebuttable Presumption
Family Code §4066 - "Family Support" Designation; Maximization of Tax Benefits
Family Code §7540 - Conclusive Presumption as Child of Marriage
Family Code §17304 - Child Support Services Legislative Findings and Declarations
Cases
In re the Marriage of Pearlstein (2006) 137 Cal.App.4th 1361
White v. Marciano (1987) 190 CA3d 1026
Inter Valley Health Plan v. Blue Cross/Blue Shield of Conn. (1993) 16 CA4th 60
City and County of San Francisco v. Miller (1996) 49 CA4th 866
Wilson v. Shea (2001) 87 CA4th 887
Marriage of Hamer (2000) 81 CA4th 712
Modlin v. Superior Court 176 CA3d 1176
In re Marriage of Drake 53 CA4th 1139
County of Placer v. Andrade 55 CA4th 1393
In re Marriage of LaBass and Munsee 56 CA4th 1331
