Divorces are never easy and the process can take anywhere from a couple of months to years before it is finalized. When couples conclude to end their marriage, there are a lot of things to consider from the dissolution of the marriage. A divorce settlement agreement takes care of these things by memorializing agreements concerning issues such as child custody, alimony, division of property, and child support.
Child support is especially a very important issue in divorce cases involving families with minor children.
What is child support?
Child support is a sum of money issued by the court, demanding a parent or both parents to pay for the support of their children’s living expenses in the event of a divorce or a legal separation. For instance, child support can cover living expenses that may include housing, education, medical bills, food, and other necessities that the child might have. Several factors must be considered before the court can determine the sum of money that needs to be paid by the parent.
Here are 5 determining considerations for child support in California;
Fundamental Grounds of Child Support
Found under Family Code, §§ 4050 through 4076, the Statewide Child Support Guideline is responsible for laying down fundamental grounds for child support. This guideline intends to “encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation.”(Family Code § 4053(j)) Here are the main principles emphasized under the guideline;
Duty to support minors are required from both parents
Both parents are legally obligated to support their children until the child reaches a legal age of majority. Most states, including California, are 18 years of age. Federal law requires parents to care for their children from conception to the day they become legal adults. In some cases, the California court can prolong this obligation past the legal majority age. For example, if the child is disabled, the parents may be obligated to continue supporting the child past the age of 18.
The guideline is presumed correct
All cases directed under the guideline are presumed to be correct. The formula allows courts to calculate payment amounts while keeping a leveled standard to all child support cases statewide. The uniform guideline gives an estimated payment amount that accurately reflects realistic child expenses that need to be covered. Hence, only rare circumstances can become exceptions to this guideline.
Child support should always reflect the standard of living
California courts require child support payments to be fair and equal in correlation with the state’s high cost of living and raising a child. Additionally, parents must act with punctuality when paying child support. Failure to pay on time could lead to a large fine, or possibly a lawsuit.
How is Child Support Determined?
In California, courts follow a formula under the Statewide Uniform Guideline for determining how much child support should be paid. To best ensure these results, court decisions are made by factoring in five main factors from the guideline;
- Parent’s gross income
- Amount of time the child spends with each parent
- Cost of child care
- Any available tax deductions, such as mortgage interest
- Each parent’s mandatory dues, such as pension or health insurance
Other factors may be subject to discretion under CA Family Code § 4055. These accounts are factored in to reflect each parent’s respective standard of living. Family Code § 4053(f) states: “Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children.”This means that in most cases, the support order will indirectly benefit the primary custodial parent. Individuals can also use a support calculator to get an estimated idea of how much child support they might receive, Click here to be taken to the government-provided support calculator.
If you contest to hold a support hearing, it is imperative to bring copies of all the documents you used to determine your income. These documents may include:
- W-2 Forms
- Pay Stubs
- Income and Expense Declarations
- Tax Returns, AND
- All additional documents may help the court determine your annual income.
California courts are legally able to make temporary child support decisions during divorce processes. If the issue of support is urgent, a California court may begin by settling that issue as soon as possible. We understand that this can be a challenging process. If you believe your children are not receiving reasonable support, it is recommended that you contact a family law attorney. Our team here at Pride Legal is eager to assist and gather all applicable information in order to help you arrive at a reasonable support amount.
Can I Modify Child Support?
Yes, parents can modify child-support orders because they are not set in stone! Major financial or personal circumstances may serve as just cause for modification to a child support agreement. Significant changes may include things relating to;
- Personal income
- Changing jobs
- Severe injury, or
- Time each parent spent with the child.
Under California’s state law, only a judicial order may demand an increase or decrease to support amounts. However, the changes under these circumstances can result in the amount either going up or down. To be safe, it is better to consult with a family law facilitator before filing papers to the court.
California courts take out mandatory dues when calculating child support, but other expenses may be accounted for. The court’s top priority is the safety and security of the children. For example, unnecessary expenses such as loans taken out due to gambling debts won’t be excluded from child support. However, if a parent had taken out a loan for a business, a court may decide to exclude necessary expenses from child support payments.
When To Stop Paying Child Support
In most cases, parents cease to pay child support once the receiving child reaches the age of majority or graduates from high school. In California, the age of the majority is 18. Support may continue past the age of the majority under some circumstances. For example, if the child is 18, is still in high school but still lives with the parents, the child support will end once he graduates or turns 19, whichever comes first.
Other things may also end child support including;
- Marriage or registered domestic partnership
- Joining the military
- Emancipation; receiving independence from parents and legal guardians
- Deceased
- Additionally, courts give considerations to a disabled adult child that is incapable of
Support payments do not automatically stop. Once the child has met the requirements necessary to end support, a formal request must be made by the support-paying parent to end the child support.
If the child becomes hurt, injured, or needs medical support, the parent needing to pay child support has to split the bill. This is why it’s important to have a trusted accountant to keep track of the child support payments and have them notify you once support has ended.
Contact Pride Legal
If you or a loved one has been dealing with child support issues, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
