Child Support
Child
support is one of the most contentious issues in family law, and
California child support issues are no exception.
When dealing with California child support, it is best if you have a
good California child support attorney to help you. But there are also
some things which you can and need to know right up front about child
support in California, and the California child support laws.
While many people don't realize it, most state child
support laws are fairly fixed, and don't take into account such
things as what your or your ex's actual child-related expenses are.
The child support laws of most states look at only a few factors, and
you may find that your California child support award takes
into account only:
How much you earn
How much your ex earns
How many children you have; and
What percentage of time the children are under each parent's care
and control
Sometimes, although not often, a court will consider expenses which it
may consider extraordinary, however that is the exception, not the
rule. In most states, for example, the cost of dancing lessons,
sports lessons, or other discretionary extracurricular activities,
will not be taken into account when awarding child support.
Nor does the court usually really care how much rent you pay, how much
your mortgage is, or what your other living expenses are. They
really only care about income, number of children, and the time the
children are with each parent. This often confuses people who live in
states which require the parents to fill out lengthy and complicated
income and expense forms. Why do they want to know your expenses if
they aren't going to take them into account? It's a good question,
and often it is a holdover from days when they did things
differently, but you still have to fill them out.
Some exceptions to the above rule include the cost of child care if it
is required during the custodial parent's work hours, or while they
are going to school in an effort to create better job opportunities
for themselves. In those situations, the non-custodial parent will
often be ordered to pay part or all of that child care expense. The
same will often hold true for medical expenses which are not covered
by insurance, and if the children are not insured through the
custodial parent's employment, the noncustodial parent may also be
ordered to pay for medical insurance for the children.
Whether
any of these exceptions will apply in your California family law matter
will depend on various factors. To schedule a consultation with any of
our attorneys regarding your child support matters, please contact us by e-mail or by telephone at (916) 924-1867.
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