Divorces and separations are always painful. Apart from the spouses, the children are devastated a lot, due to such events. However, it is a fact of life that may not be avoidable. Moreover, there are paternity suits, where the parents were never married. There is a complex set of rules that govern child support compensation. The parent’s incomes are one of the primary factors, upon which everything is based. The time each parent spends with the child and taxes paid are also studied.
Today, you will learn how California Child Support works. A guideline is necessary so that the child does not bear the brunt. It is something that most children are oblivious to. But they have to bear the outcomes of the anarchy. A guideline has been established, to provide basic support to the child.
Child Support Guidelines Decoded
Both parents are required to pay for the support of the child, according to his or her stature and income. Moreover, both parents are held accountable for the child. The Child support order mandates, that children ought to require fair treatment and timely support for all material needs, apart from emotional ones.
Now, we come to the calculation guidelines. It is based on a complex formula. California state has an online calculator, that you can use. One needs to consider:
- The gross income of each parent.
- The percentage of the time, each parent spends with the child.
- Claims on income tax deductions.
- Health insurance, pension, and other dues.
Childcare expenses are supported by each parent.
Once, you key this information into the calculator, the maintenance figures crop up.
Know the Formula
You have the right to know about the Formula. It is:
CS = K (HN – (H %) (TN)).
Now, you should know what each abbreviated form means.
CS – is nothing but the amount. You get the result after you put in all the other numbers. This amount applies to one child. If the couple has multiple children, you need to multiply the amount with a number set by the law.
K – is also another important determinant here. It is the total of both the parent’s income.
HN – stands for the high net. The net disposable income of the higher earner also accounts for the final result.
H% – is the approximate time spent by the higher-earning parent.
TN- It stands for the combined all-total of the net monthly disposable income. Lawyers and judges at the family court need calculators to calculate the final figure.
Deviations from the Law
You will find certain exceptions to the above case. It applies to all kinds of laws. California Family Code Section says that the amount arrived at after using the above method is justified. There may be situations where the judge or lawyers need to show some leniency or the reverse, if the parent with a high income, has a large amount of wealth.
The final figure arrived at may exceed the needs of all children involved. Another reason may be that the parent is spending the required time with the child as prescribed. There may be circumstances when both parents are spending time as calculated, but one has to pay more or less for housing.
Additionally, children sometimes have special medical needs. The final figure arrived at may not be sufficient for such care. Additionally, some add-ons may be required. The cost of education and training may also be taken into account. Travel expenses and health insurance also affect the final figures.
Thus, child support may get more complex, with differing requirements. If the judge thinks so, the parents may have to incur more. You should also be aware, that the alimony amount if any is also deducted during the calculation of net income.