How is the amount of child support determined?
In California, child support is determined by a calculation of the parents’ incomes, how much time each parent spends with the child or children, and any tax deductions that are available to either parent. This is called a “guideline” support calculation.
Judges are usually required to order the guideline level of child support unless there are special circumstances that would make the application of the guideline amount unfair or unreasonable. These situations can include:
- The parent ordered to pay child support has a very high income and the child support calculated would exceed the child’s needs
- A parent would not be contributing financially for the children at a level commensurate with the custodial time of that parent
- Where both parents have equal parenting time, and one parent has a much higher or lower percentage of income used for housing than the other parent
- Where the children have special medical or other needs that could require child support to be greater than the formula amount
- Cases in which a child is found to have more than two parents
Parents can also agree on their own child support figures, which are different from the guideline formula, so long as the amount is also approved by a Judge.
Is it possible to change the support amount over time?
Yes! It is possible for child support amounts to either increase or decrease. This usually happens when there has been a significant or noticeable change in circumstances in the life of either the parents, the child, or both. Common circumstances include a change in either party’s income, the amount of time that either party spends with the child or the needs of the child.
This means if the parent paying support loses his or her job, the court may allow them to pay less support, or sometimes even no support until they find a new position. On the other hand, if the parent receiving child support loses their job, the other parent may have to pay more support to help cover the child’s expenses. Likewise, if a parent receiving child support earns a raise or a promotion to a higher-paying position, the support obligation of the parent paying child support may decrease.
Child support amounts may also be modified along with custody changes. For example, if one parent has custody of the children 40% of the time, and pays child support to the other parent, the amount of child support that he or she pays may decrease if his custody increases to 50%. As we mentioned above, this is because the timeshare for each parent is part of the child support “guideline” formula.
Lastly, a child support amount could change when the needs of the child change, which could include things such as expenses for schooling or medical attention.
In all of these cases, the support amount can only change with a court order. If you believe you should be receiving more or paying less support, you must petition the court with this request and have it granted by a judge. You cannot simply start paying less on your own without going back to court first.
If I am paying child support, will the amount I have to pay change if I remarry or have another child?
In most cases, a paying parent’s remarriage will not directly affect the child support amount. California judges are not legally allowed to look at the new spouse’s income unless there are extraordinary circumstances in which the child is not being adequately supported based on their parent’s income alone. This may also occur when the remarried parent decides to quit their job and relies solely on the new spouse’s income.
If the new marriage results in more children, the court will generally not allow the new expenses acquired by voluntarily having more children to decrease child support obligation from the previous relationship. However, a general increase in household expenses may be a reason for child support to decrease.
If I am receiving child support, will the amount I receive from the other parent change if I remarry or have another child?
If you are the parent receiving child support and you remarry, it is possible that your new partner’s income will have an impact on how much support you receive, particularly if your new spouse pays for living expenses related to your child or reduces your actual living expenses in a noticeable or significant way. This does not mean child support will be terminated (as it may with spousal support), but it could be reduced if the paying parent petitions the court on the issue. Having another child in a new marriage will very rarely affect the child support amount.
When Should I Modify My Child Support Order?
As time progresses from the date on which a child support order is entered, families may experience changes to their financial situation, such as job loss, reduced income, or an increase in the minor child’s educational and/or medical expenses.
These occurrences may be deemed as a substantial change of circumstance, and when they arise either parent can request that the Child Support Services Department (CSSD) review his or her child support case for modification.
What are examples of Substantial Changes in Circumstances?
- A change in primary custody (who the child lives with most of the time)
- A change in employment of either parent
- A change in living expenses
- A significant change in visitation (parenting time)
- A significant change in the income of either parent
- Incarceration of the person paying support
- The person paying support starts receiving General Relief, Supplemental Security Income, or Veteran’s Benefits
- Military deployment
What is the Modification Review Process?
When either parent requests a modification with the CSSD, the department will send a modification packet to both parents requesting information about each of their financial status and various other factors that affect child support.
CSSD will then review the information provided by each parent and determine if asking the court for a modification is appropriate based on the financial and other information provided by the parents.
If CSSD determines that a modification is appropriate, both parents will be informed of the decision. CSSD will file the necessary papers with the court to set a court hearing unless the parties can agree to the support amount ahead of time. If an agreement is reached, a stipulation must be filed with the court. When the judicial officer signs the form, it becomes a court order. If an agreement is not reached ahead of time, the case will go to court and the judicial officer will decide the amount of support. At the court hearing, the amount of the child support order may be either increased or decreased, or the judge may deny the motion to modify.
Looking to modify your current child support?
Our attorneys at the Law Office of Benjamin Kanani are experienced in modifying child support and work diligently to ensure the best possible outcome for our clients while prioritizing the best interests of their child(ren).