When parents separate or divorce in California, determining how much one parent will pay in child support is one of the most important issues. At Schoenberg Family Law Group, P.C., we help families understand the legal framework so they can be prepared and protected.
The Legal Framework
Under California law, child support is governed by the “statewide uniform guideline” — a formula that applies in nearly all cases.
- The guideline is presumed to be correct, meaning that unless there’s a compelling reason, the court will adopt the guideline amount.
- A judge may deviate from the guideline amount only in limited circumstances if applying it would be unjust or inappropriate.
- The laws and rules are codified in the California Family Code (Sections 4050–4076) and related rules of court.
In practical terms, that means when we go into a support hearing for a client, we are dealing with a structured calculation rather than purely discretionary amounts.
Key Components of the Calculation
There are several major factors the court considers under the guideline.
a) Income of Each Parent
The guideline looks at the parents’ net disposable income — the income after certain mandated deductions.
- “Income” is broadly defined: wages (including tips, bonuses, commissions), self-employment income, unemployment benefits, disability benefits, investment/rental income, and other regular earnings.
- Deductions may include taxes, mandatory retirement or union dues, health insurance premiums for children, support of other children, etc.
- In some cases, if a parent is voluntarily unemployed or under-employed, the court may impute income (i.e., assign an earning capacity).
b) Time-Share / Parenting Time
California is somewhat unique in that the actual “timeshare” (how much time the child spends with each parent) enters into the calculation.
- The more time the “paying” parent spends with the child, the more the timeshare can reduce the support obligation.
- It’s not merely the custody order; it’s the actual time the child spends with each parent that matters.
c) Number of Children, Tax Filing Status, Other Obligations
Other factors include:
- How many children the parents share.
- Each parent’s tax filing status.
- Support for children from other relationships.
- Costs of health insurance for the children, childcare expenses, non-reimbursed health expenses, travel costs for visitation, etc.
Using the Calculator & Estimating Support
The state maintains an official online calculator to estimate child support under the guidelines.
- The calculator is not a guarantee of what the court will order, but it provides a reasonably accurate estimate.
- It’s certified by the Judicial Council of California and must meet certain standards of accuracy.
When the Guideline Might Be Set Aside
While the guideline is presumed correct, there are special circumstances where a court may set a different amount:
- If applying the guideline would be unjust or inappropriate given the parties’ situation.
- If there are extraordinary expenses (regular or non-recurring), such as those related to a child with special needs, high travel costs, or unusual work schedules.
- If a parent’s income is extremely low (the “low income adjustment” applies), and paying the guideline amount would leave the paying parent unable to provide for himself/herself.
At Schoenberg Family Law Group, P.C., we evaluate early whether a deviation argument might be appropriate and document the evidence necessary to make that case.
Modifications, Enforcement & Duration
Duration
- A child support order typically continues until the child turns 18 or finishes high school full-time (whichever is later) unless other conditions apply.
- Support may continue past the age of majority if the child is disabled and unable to support him/herself.
Modification
- Either parent may request a modification if there has been a significant change in circumstances (e.g., job loss, change in income, change in timeshare).
- Importantly, the court can only change the amount going forward from the date of the filing of the request, not retroactively.
Enforcement
- If a paying parent falls behind, penalties apply—including interest on arrears (10% per year for many debts).
- Enforcement mechanisms include wage garnishment, tax intercepts, and other tools through the local child support agency.
How Schoenberg Family Law Group, P.C. Helps
At Schoenberg Family Law Group, P.C., we understand that child support is not just numbers – it’s crucial to your children’s wellbeing, present and future. We offer comprehensive representation in child support issues, including:
- Strategic income analysis: We help identify all income sources (including bonuses, investments, and self-employment) and address imputed income issues.
- Timeshare optimization: We review your parenting time arrangement, actual timeshare, and how it impacts the guideline calculation.
- Add-on expense advocacy: We gather documentation on daycare, health insurance, uninsured medical costs, travel for visitation, and education/special needs expenses.
- Deviation analysis: If deviation from the guideline appears appropriate, we build your argument and evidence early.
- Modification planning: We assist clients in understanding when to request a modification, how to document changes, and how to avoid common pitfalls.
- Clear client communication: We provide our clients with realistic estimates, explain each component of the calculation in clear language, and manage expectations.
Determining child support in California follows a formulaic process—but the details matter. Income, timeshare, childcare/health expenses, and other factors all play roles. With the support of Schoenberg Family Law Group, P.C., clients gain clarity, preparedness, and advocacy.
If you are facing a child support issue—whether establishing, modifying, or enforcing an order—please contact our firm for a confidential consultation. We look forward to helping you chart the path forward for you and your children.
