Santa Barbara Child Support Attorney

Ensuring the Needs of Your Child Are Met

According to California’s Family Code Section 3900, both parents share an equal responsibility to support their child in a manner suitable to the child’s circumstances – even if the parent is themselves a minor, according to McLain v. Meadows (1919) 44 Cal. App. 402. Below, you’ll find pertinent information regarding child support in California.

Are you unsure of your child support obligations? Call Morales Law for help at (805) 422-7966 or contact us online

Child Support Agreements

Parents may make agreements between themselves and the amount of child support to be paid. Courts are not bound by these agreements and can make a different award of support if supported by the facts and circumstances, according to Hoover-Reynolds v. Superior Court (1996) 50 Cal. App. 4th 1273.

A court, however, always has the power to modify a child support order, upward or downward, regardless of agreement to the contrary. Parents also cannot waive or limit the right to receive child support.

Duration of Child Support in California

A parent continues to owe support for any unmarried child who is 18 and a full-time high school student who is not self-supporting. In this case, a parent’s obligation to pay child support continues until the child either completes 12th grade or turns 19, whichever occurs first.

Child Support Formula

The California state formula for determination of child support is

CS = K[HN - (H%)(TN)], where:

CS = Child support amount

K = Combined total of both parents’ income allocated for child support

HN = Higher earner parent’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

TN = Total net monthly disposal income of both parties.

Determining Child Support Santa Barbara

Most courts use the DissoMaster software to determine child support. DissoMaster uses the income of the parties, the amount of time each party spends with the child, and other factors to determine how much child support a party should pay.

We have DissoMaster software and can estimate what your child support payments may be. Call (805) 422-7966 today for a Santa Barbara child support estimate. Your initial consultation is free!

 

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