Child Support

Under California law, Child support refers to monetary obligation that a parent or an adoptive parent owes on behalf of a child. A stepparent has no legal duty to pay child support. Child support can also be an obligation owed to a county to compensate that county for monies paid to the child as public assistance. If child support is not paid in timely fashion and in full amount, the past due balance is called arrearage. Child support also includes maintenance, health care and education.

Orange County and Los Angeles Courts calculate child support by using a software program called DissoMaster or X-Spouse (guidelines child support).

To determine guidelines child support the Court considers the following factors:

• The time share of custodial time with the child to whom child support is owed
• The gross income of both parents
• Other taxable and non-taxable income
• New spouse income
• Adjustment to income (child support and spousal support paid to and resulting from other marriages)
• The amount paid to maintain health insurance
• Itemized deduction such as required union dues, property tax expenses, deductible interest expense, charitable contribution, necessary job expenses not reimbursed by employer, etc.
• Mandatory retirement
• Hardship deductions
• Child support add-ons such as childcare, visits, school, travel, uninsured health expenses.

California Courts maintain jurisdiction to modify its orders regarding child support (upward or downward) even after the divorce. However, the moving party (the parent wanting to change the amount of child support) must show to the Court that substantial change of circumstances took place. Such change of circumstances includes but not limited to: change of income of either parent, change of child's needs (educational or medical), change of the time percentage that either parent has with the child as custodial time, etc.