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.
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
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
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.