Tuesday, April 22, 2014

How is child support calculated?

California courts (and divorce lawyers advising you) look at two basic factors (though others may come into play) to calculate child support:

1. Each parent's gross income; and

2. The time spent by each parent with the child/children (you will sometime hear this called the "J" Factor).

There are other factors that can impact child support including child care expenses, home mortgage payments, tax filing status, and other costs that determine the family's financial situation.

All California judges and courts follow the same guidelines (though there are differences among counties in calculating spousal support). 

The formula is shockingly complicated and divorce lawyers and courts utilize a computer program called a DissomasterTM to calculate monthly child support payments. 

You and your spouse are responsible for providing the information to your divorce lawyer the information used to calculate support.  You will provide this information to your divorce lawyer on a form called and Income and Expense Declaration (you'll often hear this referred to as an "I & E."  Your family law attorney will negotiate certain items with your spouse's counsel to ensure the proper child and/or spousal support is paid/received each month.

Child support continues until the child is 18 (or 19 if the child is still in high school full-time and living with a parent). 

If you feel your child support amounts should be re-calculated, The Law Office of Robert R. Beauchamp can help.  Give us a call at 949-370-8000.

If you are looking to get an idea of what your child support might be, the State of California has an online calculator useful in getting an estimate of the support in your particular case.  Here is a link to the State's Calculator.

By: Robert R. Beauchamp www.ocdlaw.com
Law Office of Robert R Beauchamp
23120 Alicia Pkwy
Second Floor
Mission Viejo, CA 92692
Tel:  949-370-8000
Fax: 855-370-8100
#divorcelawyer #divorceattorney #divorce #familylaw

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