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Child Support Lawyer San Diego - Divorce Lawyer, Family Law Attorney, and Mediation Services
Q. Will I be
entitled to child support?
Both parents of the minor children have equal responsibility for
the support, maintenance, and education of their minor children.
The obligation to support children terminates at the age of
majority, 18 years of age, or if the child is a full-time high
school student, when the child graduates or is 19 years of age,
whichever occurs first.
The State of California has uniform child support guidelines.
With the exception of an unusually low wage earner or unusually
high wager earner, the court does not have discretion to award
child support outside of the uniform child support guidelines.
Support guidelines are based on a calculation based on the net
income of both parents.
A minor child's needs include the basic necessities of life
food, clothing, shelter, and medical treatment. Concurrently,
minor children are entitled to be supported in a style and
condition commensurate with the position in life and standard of
living enjoyed by the parents. The court will also consider the
amount of time a parent spends with the children.
One factor a court may consider in determining a parent's
ability to pay child support is a parent's share of community
property in addition to any separate property the parent may
have. Additionally, the court may consider the earning ability
or capacity of a parent, should the parent be "underemployed."
Generally, child support is not taxable to the recipient nor tax
deductible by the payor.
Q. What is considered in calculating child support?
All income from whatever source is considered in a child-support
calculation. This includes employment income, income from a
third-party source, non-taxable income, rental income, and in
very limited instances new mate income.
Some deductions that will be factored in determining a party's
gross income are health insurance costs, mandatory retirement
contributions, extraordinary health care costs, and spousal and
child support paid to others.
Child support can be modified upon a showing of material change
in circumstances by either parent.
