Child Support Attorney
San Bernardino County | California CFLS
Understanding California Child Support
Child support ensures that children receive financial support from both parents, regardless of which parent they live with. In California, child support is calculated using a statewide guideline formula that considers income, custody time, and various deductions. Understanding how this formula works—and what factors can affect your support obligation—is essential for any parent going through divorce or separation.
At Lewis Legal Group, we help parents in San Bernardino County navigate child support matters, whether you're establishing initial support, seeking a modification, or dealing with enforcement issues.
The California Child Support Guideline Formula
California Family Code Section 4055 establishes the statewide uniform guideline for calculating child support. The formula considers:
- Both parents' net disposable income — gross income minus taxes, mandatory deductions, and certain other expenses
- Time-share percentage — the percentage of time each parent has physical custody
- Number of children requiring support
- Tax filing status and deductions
- Mandatory costs like health insurance premiums, union dues, and retirement contributions
The formula is complex enough that courts and attorneys use specialized software (like DissoMaster or XSpouse) to calculate guideline support. The resulting amount represents what the law presumes is appropriate for most families.
Net Disposable Income
Net disposable income is not simply your take-home pay. It's calculated by taking your gross income from all sources and subtracting:
- State and federal income taxes
- Social Security and Medicare taxes
- Mandatory union dues
- Mandatory retirement contributions
- Health insurance premiums (for the parent and qualifying dependents)
- Costs of raising children from other relationships
Income for Support Purposes
California law defines income broadly for child support purposes. Income includes:
- Wages, salaries, and tips
- Self-employment income
- Bonuses and commissions
- Rental income
- Investment income (dividends, interest, capital gains)
- Social Security benefits
- Unemployment and disability benefits
- Workers' compensation
- Spousal support received
Imputed Income
If a parent is voluntarily unemployed or underemployed—meaning they could earn more but choose not to—the court may "impute" income based on their earning capacity. This prevents parents from reducing support by intentionally limiting their income.
Deviating from Guideline Support
While courts must order guideline support in most cases, deviations are possible. Parents may agree to a different amount if:
- They are fully informed of their guideline rights
- The agreed amount meets the child's needs
- Neither party is receiving public assistance
- The agreement is in the child's best interests
Courts can also order above or below-guideline support in special circumstances, such as extraordinarily high income, special needs of the child, or unusual expenses.
Modifying Child Support
Child support orders are not permanent. Either parent can request a modification when circumstances change significantly. Common grounds for modification include:
- Job loss or significant income change
- Changes in the custody or visitation schedule
- New children from another relationship
- Changes in childcare or healthcare costs
- The supporting parent's remarriage (in limited circumstances)
Important: Modifications typically take effect from the date of filing, not retroactively. If your circumstances change, file promptly to avoid accumulating arrears you cannot pay.
Child Support Enforcement
If a parent fails to pay court-ordered child support, California provides several enforcement mechanisms:
- Wage garnishment — automatic deduction from the paying parent's paycheck
- Tax refund intercept — seizing state and federal tax refunds
- License suspension — driver's license, professional licenses
- Liens on property — including real estate and bank accounts
- Contempt of court — which can result in fines or jail time
- Credit reporting — child support arrears can affect credit scores
The San Bernardino County Department of Child Support Services (DCSS) can assist with enforcement, or you can pursue enforcement through the court with an attorney's help.
Frequently Asked Questions About Child Support
How is child support calculated in California?
California uses a statewide guideline formula established in Family Code Section 4055. The calculation considers both parents' net disposable incomes, the percentage of time each parent has physical custody, tax filing status, deductions for mandatory costs like health insurance and union dues, and support obligations for other children. The formula is complex and typically requires specialized software to compute accurately.
Does 50/50 custody mean no child support?
Not necessarily. Even when parents share equal custody time, child support may still be required if there is a significant income disparity between the parents. The California guideline formula considers both the time-share percentage and each parent's income to ensure the child enjoys a similar standard of living in both households.
How long do child support payments last in California?
Child support generally continues until the child turns 18 and graduates from high school, or turns 19 if they are still a full-time high school student, whichever comes first. Support continues beyond 18 for adult children who are incapacitated. Parents may agree to extend support for college, though courts cannot order it.
Can child support orders be modified?
Yes, child support orders can be modified when there is a significant change in circumstances such as job loss, income changes, custody schedule changes, or new support obligations. Either parent can request a modification, but you must file a motion with the court. Modifications typically take effect from the date of filing.
Do I still have to pay child support if the other parent denies visitation?
Yes. Child support and visitation are legally separate issues in California. You cannot stop paying child support because the other parent is denying visitation. If you're being denied visitation, file a motion for contempt or to modify the custody order—do not withhold support.
California Legal Resources
Get Help with Child Support
Whether you're establishing initial support, seeking a modification, or dealing with enforcement, a Certified Family Law Specialist can help. Contact us today to discuss your child support matter.