Child support issues require a lot of work. They involve a lot of laws that most people do not consider. One of these laws is how custodial time of the child and a party’s gross income affects the amount a parent will have to pay in child support. For any child support matter, it is important to have a trustworthy and experienced attorney on your side making sure you obtain the best child support order possible.
How Is Child Support Determined?
California uses a statewide uniform guideline formula that determines what amount a parent will have to pay in child support. In implementing this guideline, under Family Code section 4055, the court must adhere to the following principles:
• A parent’s first and principle obligation is to support his or her minor children according to the parent’s circumstances and station in life;
• Both parents are mutually responsible for the support of their children;
• Each parent’s actual income and level of responsibility for the children will be taken into account;
• Each parent should pay for the support of the children according to his or her ability;
• The interests of the children are the state’s top priority; and
• Children should share in the standard of living of both parents.
Child Support Is Not Always Forfeited When the Parents Have 50/50 Custody
Many people believe that when they have an equal share of physical custody of their child with the other parent that child support will be set at $0. This is incorrect. In applying the above principles, as found in Family Code Section 4055, a parent will likely be ordered to pay child support to the other parent even though there is a true joint physical custody order. A true joint physical custody order means that your child spends 50% of his or her time with you, and the other 50% of his or her time with the other parent.
When a parent has to pay child support even though they have 50/50 custody of their child with the other parent, it is generally due to a significant difference in income between the two parents. As stated previously, the guideline takes into account each parent’s actual income and their level of responsibility for the children. Thus, when there is 50/50 custody, the parent who earns significantly more than the other parent will likely have to pay child support. Sometimes the parent who has more than 50% physical custody of their child will have to pay child support to the other parent because there is such a great difference in the parties’ income.
However, it is important to note that you and the other parent can agree to set child support at $0 if the court finds that your child’s needs will still be met by not following the guideline amount.
How We Can Help You
Child support is a serious issue that not only has an impact on your child, but also on your personal finances. It is important to get all the necessary information and legal advice regarding your child support matter. You need the child support attorneys of Wallin & Klarich to represent you. With over 30 years of experience handling child support cases, our skilled attorneys can help you obtain the best possible outcome in your child support dispute. You can depend on Wallin & Klarich to help you.
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks and can help you now. Call us today at (888) 749-7428. We will be there when you call.
