This month we will begin the first of a two-part discussion about support in California. In this issue we’ll focus on child support which can be collected retroactively and is not optional.
While the formula for calculating child support might appear daunting for a non-math person, CS = K[HN – (H%)(TN)], the data inputs are relatively simple: custody time as a percentage for the parents and their net disposable income.
As a first step, you must determine the amount of time you spend in charge of your child per week. The Court is interested in hours spent, not days. In other words, which parent will be called to assist with the child in the event of illness or problem at school? On a normal day, it is the parent scheduled to receive the child after school. If you are not the scheduled parent, then the time belongs to the other parent. The calculation commences at pick-up, and ends at drop-off, either at school or to the other parent. It also includes holidays and vacations.
There are rules of thumb. For instance, someone who sees their children every other weekend, half of all holidays, and two weeks during the summer has about 19% custody. One way to figure out your custody percentage is to add up all the hours you have the child in a week and divide it by 168. Average the weeks each month. Then average the months at the end of the year.
Once you know the custody percentage and the net disposable income for the parties, you can use an online calculator to find out what California Guideline Support should be. We have a link on our website here: https://thelawcollaborative.com/family-law/child-custody-support/. If you find that the time factor has changed and the support number needs adjustment, call your attorney immediately.
Next month we’ll tackle spousal support or what is commonly called alimony.
We are excited to host our Second Saturday Divorce Workshop this Saturday, July 8 at our Woodland Hills Office. This workshop will be beneficial to anyone contemplating divorce or in the middle of a divorce. The workshop is free but reservations are required. Please call our office at (818)348-6700 for more information. We are here to serve you.