Child Support in California Divorces

One of the most crucial issues in divorce mediation is child support. Under federal and state law, child support is mandatory and both parents are required to provide financial support for their children. During divorce, the best interests of the children are paramount and child support ensures the well-being of children.   

WHAT DOES CHILD SUPPORT COVER?

In California, child support covers ordinary living expenses for a child or children. Ordinary living expenses include rent, food, clothing, and utilities, essentially all living costs that increase because you have children.  For example, if, because you have children, your rent or mortgage is higher, child support allows for that increase. 

Expenses not covered by child support include: childcare, extra-curricular activities, summer camp, private school, school supplies, special education needs and medical costs not covered by insurance. In addition, traveling expenses for parenting time with the non-custodial parent are not typically covered under child support. Parents often share the costs of non-support expenses by splitting the costs 50/50 or pro-rata based on each party’s income. In some cases, such as when there is a great disparity between incomes, the judge may adjust support responsibilities.

CALCULATING CHILD SUPPORT

In California, courts and family lawyers use a program called “DissoMaster” which generates a “guideline” support calculation as a basis for determining child support. The child support calculation depends upon establishing each parent’s gross income (which includes wages, business income, pensions, investments, and other sources of income) and their net disposable income. 

When the financial information is computed in the DissoMaster program, a report is generated that establishes child support according to California guidelines. Typically, the higher-earning parent pays child support.

DEVIATION FROM THE GUIDELINE

While most cases rely on the guideline for computing child support, in some cases, California allows for deviations from support guidelines. For example, California allows for deviation from guideline when the guideline requirement is unjust or inappropriate. In addition, the California Family Code allows for deviation from the guideline amounts if the parties agree to a different child support schedule or in cases when the sale of the family residence is deferred to minimize the impact of the divorce on the children. If the parent paying child support has extraordinarily high income that exceeds the needs of the children, keeping in mind that children have the right to share in both parents’ lifestyles, courts may adjust guideline support. Extraordinarily high income is not income in the hundreds of thousands, but rather in the millions. A court can adjust child support when a parent is not contributing to the needs of a child at a level commensurate with their parenting time. 

In addition, there are other special circumstances when a court may decide to deviate from guideline support. For example, when parents have different time share arrangements for different children, when both parents have equal time-sharing with the children, and one parent has a much lower or higher percentage of income than the other parent, in cases where children have special medical or other needs, and cases where the child is found to have more than two parents. Finally, there are other special cases when the courts have deviated from guideline support. 

HOW LONG DOES CHILD SUPPORT LAST?

While child support typically ends when the child turns 18, support may continue until the child completes high school. In mediation, parents can establish support plans that address college expenses, wedding expenses or other predictable expenses related to children. 

CONCLUSION

Calculating child support might seem complex, but understanding the guideline, factors considered and possible deviations from guideline can help parents understand how child support works. With that understanding, parents are able to make more informed decisions about their children’s futures.

If you are contemplating divorce and have questions about child custody or flat-fee divorce mediation, please call PXP Mediation today at (310) 486-8842.