Understanding Child Support: Calculations and Modifications
May 18, 2024If you are facing a divorce that involves children, child support is an important term that you’ll need to address. If you already have child support terms in place but a modification is in order, it’s another important matter that requires legal attention. Both parents are responsible for supporting their children emotionally and financially, and child support helps balance this financial responsibility between both parents. If you are facing a child support concern, it’s time to consult with an experienced Ventura County family law attorney.
The Basics
In California, a wide range of factors are taken into consideration when calculating child support in accordance with the state’s guidelines. The primary concerns, however, are the discrepancy in earnings between the two parents and the amount of time each parent spends with the children. Generally, the larger the financial discrepancy between the two parents and the less time the payor spends with the children, the more child support they owe. However, even when exes divide their parenting time evenly, the higher earner typically has the child support obligation.
Additional Expenses
In addition to the basic child support that is ordered, there is the matter of expenses that fall outside its parameters to consider, such as the following:
- The cost of health insurance
- The cost of out-of-pocket healthcare expenses
- The cost of extraordinary educational expenses
- Expenses related to a child with special needs
- The cost of travel back and forth for visitation with the children
These additional expenses are generally divided equally between both parents equally, but the court has the discretion to adjust this division according to the unique circumstances involved.
Child Support Modifications
Child support modifications can be sought through California courts when there has been a significant change in circumstances that affect either parent’s income, the parenting time arrangements, or other relevant factors. Common examples include:
- Either parent begins earning significantly more or less
- Either parent loses a job
- Either parent experiences a serious setback that affects their ability to earn a living
- A child develops a special need that generates costly requirements
Your current child support orders remain in effect until the court modifies them, which makes filing for an official modification necessary. It is important to note here that a parent who is intentionally unemployed or underemployed does not fulfill the requirements for a child support modification, and California courts carefully consider any evidence that is suggestive of earning less as a means of owing less child support.
An Experienced Ventura County Family Law Attorney Can Help
If you’re facing a child support concern, it’s an important financial issue that directly affects your children, and the formidable Ventura County family law attorneys at Bamieh & De Smeth are standing by to fiercely advocate for a fair case resolution that supports your legal rights. Your case is important, so please don’t hesitate to contact us online or call 805-643-5555 for more information about what we can do to help you today.