How long does child support last?

In California, parents are required to pay child support for their children until age 18, but if the child at age 18 is a full-time high school student, child support will continue until the child reaches age 19 or completes the 12th grade, whichever occurs first. Disabled adult children may be entitled to child support for a longer period of time.

Do parents have to pay for college?

The court cannot order parents to pay for a child's college education. However, parents can choose to sign an agreement to pay college expenses.

How much is child support?

California has a mandatory child support guideline that must be applied by the court in ordering child support. The guideline is based on an algebraic formula, set forth in Section 4055 of the Family Code, as follows:

  • The statewide uniform guideline for determining child support orders is as follows: CS = K (HN - (H%) (TN)).
  • The components of the formula are as follows:
    • CS = child support amount.
    • K = amount of both parents' income to be allocated for child support as set forth in paragraph (3).
    • HN = high earner's net monthly disposable income.
    • H% = approximate percentage of time that the high earner has or will have primary physical responsibility for the children compared to the other parent. In cases in which parents have different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the high earner parent spends with each child.
    • TN = total net monthly disposable income of both parties.
  • To compute net disposable income, see Section 4059.
  • K (amount of both parents' income allocated for child support) equals one plus H% (if H% is less than or equal to 50 percent) or two minus H% (if H% is greater than 50 percent) times the following fraction:
     
    Total Net Disposable
    Income Per Month K
    $0-800 0.20 + TN/16,000
    $801-6,666 0.25
    $6,667-10,000 0.10 + 1,000/TN
    Over $10,000 0.12 + 800/TN
     
    For example, if H% equals 20 percent and the total monthly net disposable income of the parents is $1,000, K = (1 + 0.20) X 0.25, or 0.30. If H% equals 80 percent and the total monthly net disposable income of the parents is $1,000, K = (2 - 0.80) X 0.25, or 0.30.
  • For more than one child, multiply CS by:
     
    2 children 1.6
    3 children 2
    4 children 2.3
    5 children 2.5
    6 children 2.625
    7 children 2.75
    8 children 2.813
    9 children 2.844
    10 children 2.86
  • If the amount calculated under the formula results in a positive number, the higher earner shall pay that amount to the lower earner. If the amount calculated under the formula results in a negative number, the lower earner shall pay the absolute value of that amount to the higher earner.

What does this mean?

Translated into plain English, the child support guideline is based on the net income of each parent, and the child sharing percentage. The net income is derived by taking gross income, converting it to monthly income, and deducting federal and state taxes based on the parent's correct federal tax withholding status. The taxes that are deducted may be different from income tax withholding on the parent's paycheck. Other allowable deductions are for health insurance for the parent and children, and for mandatory retirement (for government employees). If a parent owns a house, the income is also adjusted to reflect the deduction of mortgage interest and real property taxes.

The calculations of child support is so complicated that judges and attorneys use special computer software, which is updated each year to reflect changes in the tax laws.

Can parents agree to child support that is lower than the guideline?

Yes, but the law requires that both parents state that they are not receiving public assistance, that they have agreed to the amount of child support without coercion or duress, and that the needs of the children will be met.

What about child care and medical expenses?

In addition to the basic child support, parents must share equally in the cost of child care that is necessary for employment, and also any uninsured medical, dental, vision, orthodontia and psychological expenses of the children. If one parent earns substantially more than the other, the cost of child care may be divided unequally, to reflect the ratio of their incomes.

How is child support paid?

California law requires that child support must be paid by wage assignment, by means of a special form called Order/Notice to Withhold Income for Child Support. This is sometimes referred to as a garnishment. Parents can stay the mandatory wage assignment if they agree in writing to direct payment. A wage assignment is effective on an out-of-state employer, but not for someone who is self-employed.

What if a parent loses his or her job?

A parent who experiences a sudden drop in income due to a layoff must bring the matter back to court to obtain a modification of child support. Do not rely on the oral agreement of the other parent to accept reduced or no payments. All agreements for changes in child support must be in writing and signed by both parents.

My ex just got a promotion and a big raise. Can I get more child support?

The answer is probably yes. A substantial change in circumstances gives the court the power to modify child support. Children are entitled to share in the standard of living of their parents, so if one parent has a large increase in income, child support will normally be increased.

What if my ex dies while my children are still minors?

Social Security survivor benefits will be available for the children, if your ex paid into the Social Security system. By agreement or court order, the parent paying child support can be required to maintain life insurance as security for child support.