Family Law

San Jose Divorce Attorney Discusses Child Support

By Scott Sagaria

San Jose Divorce Attorney Discusses Child Support

August is Child Support Awareness Month!

California law requires both parents to support their children. Child support is calculated using a formula that considers the incomes of both parties, as well as the timeshare. Typically, this formula results in a number which becomes the child support amount. Sometimes, courts will adjust the number either up or down to reflect additional expenses, or for some other reason.

California has what is called a Statewide Uniform Guideline Calculation for child support. This formula is rebuttably presumed to be the correct amount of child support. This calculation takes three factors into account: (1) the parents? respective net monthly disposable incomes, (2) the number of children for whom support is being determined, and (3) the parents? respective periods of primary physical responsibility for the children.

Where the payor parent?s net monthly disposable income is less than $1000, there is a rebuttable presumption that the obligor is entitled to a low-income adjustment. The court can reduce the amount to a fraction of the original amount.

Other adjustments to child support can be done because the parties can agree that either less or more than the guideline calculation is the appropriate amount of child support. Also, where one parent has an extraordinarily high income the guideline amount may be incorrect. Other circumstances the court can consider include the cost of housing as a percentage of income where the parties have a substantially equal timeshare, or the children have special medical or other needs that require more child support than the amount calculated under the guideline formula.

Child support may also reflect some mandatory add-ons, including work related child care expenses and uninsured medical expenses. Discretionary add-ons include travel expenses for visitation and costs related to the educational or other special needs of the children.

Child support is a numbers game, bottom line. But it can be a confusing situation for you, especially if you don?t have any experience with the court system. Our team of experienced and talented family law attorneys handle all aspects of child support cases, as well as all other family law cases. We have four Bay Area locations, including Redwood City, San Jose, Monterey and Fremont. We offer a free consultation, either in person or over the phone. Call today to schedule your free consultation with an experienced San Jose Divorce Attorney.

Full post as published by California Family Law Blog on August 11, 2008 (boomark / email).