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Figuring out child support for unmarried parents can be stressful. If the parents are not married or together, the parents pay child support based on the ability to pay and the criteria outlined in Family Code Section 4053. A qualified California child support attorney from our firm can help you understand your legal rights and options. Contact us today.
In California, the amount of child support is determined by a guideline calculated with a formula set forth in the Family Code Section 4055. There are two factors that are used to determine the amount of child support. The two factors are the net spendable income of the parties and the amount of time the children are with each party. The parties may deviate from the guideline in extreme circumstances, or when they are in agreement.
In California, assets can affect child support. When assets generate income, the income from the assets is used to determine child support. If assets are non-productive or do not generate any income, the person holding the asset generally doesn’t have to pay child support based on those assets. However, the court may infer some income from those assets. The assets may also prove that the party has the ability to pay child support as well. Sometimes, in rare circumstances, assets can be invaded, but those are very few and far in between.
The setup of the parenting plan does affect the child support amount because it determines the percentage of time the child spends with each parent. Again, a parenting plan may include a deviation from the guidelines of child support, if the parents agree. An important thing to note is that a party can never permanently waive child support. The reason child support cannot be waived is because it does not belong to the mother or the father, it belongs to the children.
If the payor spouse remarries a high-income earner, it may impact child support, but not in the way you might think. A higher-income may actually reduce the amount of net spendable income. In other words, the newly married spouse may cause the other parent to be in a higher tax bracket thereby creating less spendable income.
If you have custody and make less than your spouse who is a high-income earner, you are definitely entitled to child support, but child support is not automatically granted. You must file a request for child support. However, there are instances where child support can be retroactive. Nonetheless, until there is something filed with the courts, you are not going to receive child support. It requires a court order.
You can get child support during a separation. Under Family Code Section 4009, there is a requirement for parents to support their children. Family Code Section 4009 allows the child support to commence upon the filing of a petition. You can also receive child support while separated with no pending dissolution.
In California, the amount of child support can be adjusted. Child support is usually in a state of flux. It can be changed if either party’s income changes, or if the timeshare changes between the children. Also, it can be modified once the children age out. As with receiving child support, change in child support is not automatic. A request for modification of child support must be filed with the court.
For more information on Payment Of Child Support After Divorce In CA, a consultation with an experienced California Child Support Lawyer is your next best step. Get the information and legal answers you are seeking by calling (916) 685-7878 today.
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