Understanding Child Support How Payments Are Determined and Modified

Developing a plan regarding child support can seem, at first glance, to be a difficult task. California has established guidelines that determine how child support is calculated and modified in future proceedings. 

How is child support calculated in California?

California family courts adhere to laws designed to protect the best interests of children. The state uses formulas to ensure that both parents play an active role in financially providing for their children. Ideally, these laws create a consistent method of awarding child support while allowing for judges to use their discretion in special circumstances.

The gross income of both parents is reviewed by a family court judge. In this context, income includes self-employment earnings, salaries, and bonuses. To prevent income being underestimated by courts, multiple sources of income are counted when calculating child support in California. 

When calculating child support, the percentage of time each parent spends with their child directly affects the amount. The parent named as the primary custodial parent usually receives child support payments. This is better known as the Income Shares model in California. 

However, if both parents share custody, then child support payments may be decreased to account for the more equal amount of time that each parent spends with their child. 

Planning for a child support modification

It is reasonable to expect that your circumstances, those of your co-parent, or your child will change in the years following a child support order being instituted. A modification of the initially ordered child support amount depends upon those circumstantial changes. 

For example, the following represent common reasons for petitioning the court for a child support modification:

• A major change in income (increase or decrease)
• Changed custody schedules 
• Job loss 

The needs of your child may change, as well, justifying an attempt to modify child support. Consider that your child may encounter a health problem that turns into a chronic medical condition. A significant change in the health circumstances of your child could result in an increase in child support being sought by the custodial parent. 

A motion to modify child support must be filed with the court of continuing jurisdiction. Additionally, financial documents, tax returns, pay stubs, and other documentary evidence may be necessary to produce to find success in an attempt to modify child support.

With so many moving pieces in a case, having an experienced California child support attorney to fight for your rights makes a great deal of sense. 

Guidance when you need it most, contact Gilligan, Frisco, Trutanich & Saris, LLP today

Calculating child support requires a plan. The more accurate your calculation is, the better off your child will be. From there, modifying child support means organizing and thinking through the basis for your modification request. 

In short, it is possible to wander into a child support case, but it is difficult to walk out of one, having accomplished anything of importance. Contact Gilligan, Frisco, Trutanich & Saris, LLP today for a consultation to learn more about your options and rights related to California child support.