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What Expenses Are Considered When Calculating Child Support?

July 31, 2021 Uncategorized

What Expenses Are Considered When Calculating Child Support?

In today’s blog, we’ll outline the numerous expenses that go into calculating child support and the various criteria used to assess the amount of child support a parent is obligated to pay.

What Is Child Support and How Does It Work?

Child support is the amount of money that a court might compel one or both parents to pay each month to cover the costs of raising a child in California. A judge will assess the amount of child support owed based on a government guideline. Although this may appear to be a simple procedure, it is crucial to keep in mind that most child support cases are complicated by other legal issues such as paternity or divorce.

In California, each parent is legally accountable for their child’s financial support. The court will establish a final child support decision based on the income levels of both parents and the amount of time each individual spends physically with the child. It’s worth noting that a parent’s legal support obligation lasts until the child:

  • Reaches the age of 18 and has completed high school;
  • Reaches the age of 19; or
  • Marries, dies, or becomes legally free in some way, such as joining the military.

It is important to note that any child who is a full-time high school student or attends part-time owing to a medical condition should continue to get assistance. In addition, if a disabled adult child is unable to support herself, the court can require both parents to continue to assist that child.

What is considered in calculating child support?

The judge will examine each parent’s income using an Income and Expense Declaration form to determine the amount of child support each parent owes. Under penalty of perjury, each parent must complete the form truthfully and provide proof of their income. The judge will use that information to determine how much support each parent must pay.

The judge will consider each parent’s “net disposable income,” which is their earnings after taxes, necessary union dues, and other expenses.

  • Obligatory contributions to a retirement plan;
  • Health insurance premiums;
  • You’ve already paid child or spousal support; and
  • Costs associated with raising children from another relationship.

In addition, the court will consider all other sources of income, including money, tips, bonuses, commissions, overtime, property, and:

  • Earnings from employment;
  • Earnings from self-employment;
  • Unemployment compensation;
  • Benefits for disability and workers’ compensation;
  • Pensions and Social Security;
  • Stocks and dividends,
  • Investment interest;
  • Rental property income; and
  • State lottery and prize awards.

When determining support, the court considers how much time each parent spends with the child, which is referred to as “time-share.”The number of hours a parent spends physically with their child will be calculated by the court, and the less time a parent spends with their child, the more child support they may be obliged to pay.

When calculating child support needs, the following expenses are included in the monthly child support calculation:

  • Monetary support;
  • Health insurance;
  • Payment arrears;
  • Penalties for late payments.

Food, clothing, housing, basic education, and other needs for a child are all covered by monetary assistance. Other expenses, such as childcare, unpaid medical bills, travel fees for visitation, and expenses for extracurricular activities such as sports, lessons, field trips, and other school activities, can be ordered by the judge or agreed to by the parents.

California Child Support Services has an online child support calculator that you can use to get an estimate of your prospective contribution. The following are some of the questions you might expect to be asked:

  • How many children do you have?
  • What is the non-custodial parent’s monthly net income?
  • How much does the non-custodial parent pay in monthly health insurance premiums?

Enforcing Child Support Requirements

If a parent who is owed child support is having trouble collecting what they are owed, it is critical to speak with their local child support agency about the problem (LCSA). Even if the non-custodial parent lives in another state, the LCSA can assist in enforcing child support orders.

The LCSA may use a variety of techniques to enforce a child support order, including:

  • Wage garnishment;
  • The seizure of income tax returns, unemployment benefits, workers’ compensation benefits, lottery winnings, and other types of government assistance;
  • Revocation of a license (hunting, professional, or driver’s license);
  • Refusal of a passport.

Questions? Allow Spodek Law Group to assist you.

A court ruling addressing how parents can meet their child’s needs is known as child support. The amount will vary depending on the child’s daily costs as well as the length of time the parent and the child spend together. In a child support case, the most important thing to do is complete the Income and Expense Declaration form, after which the court will decide the remainder.



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