Child Support Factors

• When deciding child support, a California court will use the amount determined by the state's child support guidelines. The guidelines weigh a variety of factors including the respective earnings of the parents, their earning potential, the number of children involved, the tax status of the parents, the amount of actual time spent with the children, other mandatory expenses on the parents and the actual costs of caring for the child. These costs can include educational expenses, health care or insurance, and other special needs.
  
  

Calculating Child Support

• The calculation of child support under the state guidelines is done by a computerized calculator linked in the Resources section of this article. The calculator finds the amount of child support due by apply the formula CS= K [HN- (H%) (TN)], which is contained in the California Family Code (section 4055). In the formula, K is the percentage of both parents' income to be allocated to child support depending on the number of children involved, HN is the higher-earning parent's monthly disposable income, H% is the higher-earning parent's time of physical responsibility for the child(ren) and TN is the parents' total combined net disposable income.
  
  

Private Arrangement

• Even if the parents agree to a child support amount different from that determined by the state guidelines, the court will review the agreement to ensure it is in the best interests of the child(ren). As part of this review, the court will satisfy itself that both parents are aware of the child support amount that would be calculated under the guidelines, that the amount agreed to is in the best interests of the child(ren) and that the agreement was not made under threat of force or duress. Parents can enter a private agreement for child support only if they are not receiving and have not applied for public assistance.
  
  

Modification

• Either parent can request a modification to a child support order if there is a change in any of the factors used to determine child support under the state guidelines. If the change in circumstances results in a change in the calculated child support amount by the lesser of $50 or 20 percent, the court will modify the child support payment. The request to modify the child support amount must be submitted to the court in writing, though, and must specify what changes have occurred to make the current amount either too high or too low.
  
  

Remarriage

• The remarriage of either of the parents can affect several of the factors used in the calculation of child support, but will not necessarily change the amount of child support owed. If the parent accepts financial responsibility for other children under the new marriage, this could create a reduction in that parent's disposable income, which could result in a reduction in his child support payment by the requisite $50 or 20 percent. It could also affect the amount of actual time spent with the supported child.