If you are ordered to pay child support, it can be confusing to understand how the amount is calculated. In California, child support is calculated using a formula that considers several factors. In addition, child support payments can be modified if the paying parent’s circumstances change.
Calculation factors
The court will consider the income of both parents, which includes their monthly salary, bonuses, commissions and other forms of income. It will also review the costs of health insurance for the child as well as any childcare costs that are required so that one or both parents can work.
It will consider how much time the child spends with each parent. If the child spends more time with one parent, that parent may be required to pay less in child support.
Modifications
There are situations where the paying parent’s income changes, either because of a job loss or promotion, for example, and it may be necessary to change the child support amount.
The parent seeking to modify the order should review the original court order and file a modification request with the court, along with supporting documentation. The other parent must be served with a copy of the filed documents, but it is not required to do this in person. They can be served through certified mail or by a process server.
Both parents will be required to attend a hearing and provide updated financial information to the court. Each parent will have an opportunity to present evidence for or against the child support modification.
If the court grants the modification request, it will issue a new child support order.