In California, the amount of child support is determined by a statutory formula. If the parents can not agree upon the amount of child support, the judge will evaluate all the factors that go into the formula and make a ruling on who will pay and how much. The statutes do not discrimination as to whether the father pays the mother or visa versa. The amount of support depends on several factors, including both the custodial and non-custodial parent's incomes, the tax filing status of the parents, and certain financial obligations of the parents, as well as the amount of time each parent spends with the children. Occasionally, the standard of living that the children and parents enjoyed before the dissolution of the marriage may be considered.
Child support is paid via a wage assignment unless otherwise agreed upon by the parents.
This means that the support payment is taken directly from the paycheck of the spouse who must pay the support. In today's courtrooms, child support is almost always calculated by a computer program that takes all of the prescribed factors into consideration. Your attorney can help you estimate the amount of child support that you might be ordered to pay or receive, based on financial information you make available. References Each of the following links will open a new browser window. To return to this page, simply close the new window by clicking your cursor on the upper left logo or by pressing ALT-F4.