Every child is entitled to financial support from both of his or her parents.
With this in mind, if two parents are not raising their child together because of divorce, child support is generally required. Child support is mandated by law and if there is a support order in place, the support must be paid or there are consequences including the potential for jail time.
Are you wondering how much child support you may have to pay or what you should be expected to receive?
California courts allow the divorcing parents to develop their own child support agreement; however, if they are not able to agree on an amount, the judge will then decide the amount for you, based on the calculation set forth in the guidelines.
Back in 1984, the California Legislature enacted the Agnos Minimum Child Support Standards Act. It established a minimum level of child support for divorcing couples. In addition, it required the courts to make specific guidelines for awards of child support – thus, the Child Support guidelines.
The guidelines instruct the judge to add the amount of net incomes of both parents and then use this number to determine the percentage of income that is earned by each parent.
Besides each parent’s income, other factors may also affect the amount of child support awarded, including:
- The number of children in the household
- Time spent with each parent
- Tax deductions, such as property taxes, mortgage payment, retirement contributions and health insurance
- Low-income adjustment for those who qualify
- Child has special needs
Once the appropriate amount is determined, a child support order will go into effect. This amount cannot be changed unless there are significant changes in circumstances and the court agrees to modify the support order.
If you have questions regarding paying or receiving child support, it is important to seek the assistance of a skilled family lawyer to help you seek the best possible outcome for your case.
Contact the Orange County family law offices of Amy M. Montes. From child support modification and enforcement to temporary spousal support, our office handles cases of all types and complexities. Call us today so we can help.
