Child Support Calculation Formula California

Calculating the amount of child support to be paid is complicated, and lawyers and judges use computer programs to perform the calculation. The two software packages used most often for this purpose are "Dissomaster" and "Xspouse."

Items Used in Child Support Calculation Formula for California

If you were to manually calculate the amount of child support likely to be ordered, the following information would be used:

Basic Information

The Court and the lawyers will need to know the following:

• Net income for mother and father
• Amount of time each parent spends with the children
• Number of children

The figure for "net income" is taken from the "Income and Expense Declaration" form each parent fills out.

Allowable Deductions when Calculating Net Income

The term "net income" refers to a person's gross income less the following deductions:

• Federal and State taxes
• Deductions for Social Security or disability
• Union dues
• Existing child support obligations
• Maintenance paid for a former spouse
• Retirement deductions (mandatory)
• Employment-related expenses

In addition to the items listed above, "Hardship Deductions" may be made from gross income. These deductions include:

• Health care expenses
• Expenses for other children living in the home
• Catastrophic losses

Average Income

In some types of work, a person's income may vary from month to month. The Court will take each parent's average income over a 12-month period when calculating the amount of child support owing.

In the case of a parent whose income has changed significantly and the change is likely to be permanent, the Court has the option of using the current figure instead of the 12-month average. If a judge feels that a parent is taking steps to lower his or her income to avoid paying the appropriate amount of child support, however, he or she can order that child support payments be made based on the parent's "earning capacity" instead of the actual amount earned. This provision was put in place to discourage a parent from becoming unemployed shortly before child support calculations are to be made.

Child Care/Health Care Costs

The parent paying child support will also be expected to pay one-half the costs of child care, as well as 50 percent of the cost of health care above the amount covered by insurance.

Since the Court in California takes into account the parents' net incomes and the amount of time each parent spends with the children, it is possible that a custodial parent will be required to make child support payments to the non-custodial one. This scenario would arise when the custodial parent has a much higher income and the non-custodial parent spends a considerable amount of time with the children.

Hire an Attorney

The child support calculation formula for California is complicated. If you have retained a lawyer, ask if he or she has access to specialized software to perform these calculations. For a person who is representing him or herself in Court, it is possible to find an attorney who will provide a consultation and prepare the child support guidelines forms.

If you would like help with California child support calculations, check out these websites:

• Robert E. Kroll
• Daigneault, Abel & Daigneault
• California Child Support Calculator.