California Child Support Lawyers
When a relationship ends, your child’s well-being should not hang in the balance. In California, child support is based on a standardized formula, but getting to a fair number is rarely straightforward. That calculation depends on real-world details like parenting time, fluctuating income, and out-of-pocket costs. If any of those are misstated or misunderstood, the result can be a support order that fails your child or burdens you unfairly.
At Wade Litigation, we cut through the confusion. We identify the income that counts, correct flawed assumptions, and make sure your case is based on facts, not guesswork. Whether you’re establishing support for the first time, modifying an outdated order, or enforcing what the court has already decided, we are here to help you do it right.
If you’re unsure where to start, let us provide a clear, confidential assessment. Call us today at 888-705-5059.
Key Takeaways for California Child Support
- The formula is just the beginning. California’s guideline calculation is the baseline, but factors like parenting time percentages, variable income, and mandatory add-on costs for healthcare can dramatically change the final number.
- “Income” is more than just a salary. Under California Family Code § 4058, courts examine earnings from nearly every source imaginable, including bonuses, self-employment profits, and investment returns, to determine a parent’s true ability to pay.
- A support order can be changed. Child support is not permanent. A significant change in circumstances, such as a job loss, a pay raise, or a shift in the parenting schedule, is grounds to ask the court for a modification.
Why Wade Litigation Is the Right Choice for Your Child Support Case
A Record of Success:
- Award-Winning Litigation Team: We have received numerous honors, including recognitions like the “2024 Top 10 Family Law Attorney” and “2022 Top 100 Attorney in the US.”
- Proven Results: Our systematic, client-focused approach is designed to achieve favorable outcomes, whether through careful negotiation or in the courtroom. This dedication is reflected in our many five-star client testimonials.
An Approach Centered on You:
- Personalized Strategies: We develop plans tailored to your unique goals. We believe in clear, consistent communication, ensuring you understand your options at every stage.
- Serving California from San Jose: Our main office is in San Jose, near landmarks like San Jose State University. We serve clients throughout California, offering a deep understanding of local court systems.
- Led by an Experienced Team: Founded by Amiel L. Wade, a former police officer known for his tenacious and sophisticated trial skills, our firm brings over 35 years of collective experience to your case.
How Is Child Support Calculated in California?
California uses a statewide formula to calculate child support. While the math behind it is complex, the goal is simple: to ensure both parents contribute fairly based on their income and how much time they spend with the child. The formula itself—CS = K [HN – (H%)(TN)]—is something only the software needs to understand. What matters to you is what goes into it:- Each parent’s income
- How much time the child spends with each parent
- Mandatory expenses like health insurance or childcare
Where Calculations Can Go Wrong
Defining “Income”
The court looks at more than just a salary. California Family Code § 4058 defines “income” as earnings from any source. This includes bonuses, commissions, self-employment earnings, and even rental income. Accurately defining this figure could become a point of contention, especially with fluctuating pay or hidden revenue streams.The Weight of Timeshare
The amount of time each parent spends with the child (the parenting “timeshare”) is a major variable in the formula. A small difference in this percentage significantly changes the support amount, making it another frequent point of disagreement.Mandatory “Add-On” Costs
The guideline calculation is only the base. The court will also order additional support for certain expenses. These mandatory add-ons include:- Childcare: Costs required for a parent to work or get an education.
- Health Insurance: The cost of the child’s medical, dental, and vision coverage.
Decoding Income: Beyond the Paycheck
For many families, income isn’t a simple, predictable salary. Business owners, sales professionals, and tech employees often have compensation structures that create challenges for the standard support formula. A fair calculation requires a deeper look.
What If One Parent Is Self-Employed or Owns a Business?
Determining the true income of a business owner requires a detailed analysis of business records. We look past the tax returns to distinguish between personal income and legitimate business expenses. Our investigation identifies a parent’s actual available cash flow, ensuring the support calculation is based on reality, not just what’s on paper.
How Are Bonuses and Commissions Handled?
Variable income like bonuses and commissions is still income for child support purposes. Because these amounts fluctuate, courts typically set a base support amount from regular salary and then add a percentage of any bonus or commission income received. This is often called an Ostler/Smith order, and it ensures that children share in their parents’ financial success, even when it comes in irregular payments.
What About Restricted Stock Units (RSUs)?
In the tech sector, RSUs are a common form of compensation. Once they vest, they are considered income available for support. However, the value can fluctuate, making calculations tricky. Courts may treat them similarly to bonuses, assigning a percentage of their value to support as they vest and become available to the employee.
What If a Parent Is Unemployed or Underemployed?
If a parent has the ability and opportunity to work but chooses not to, the court might “impute” income. This legal concept, found in Family Code § 4058(b), means the support calculation will be based on their earning capacity, not their actual earnings. This is done to prevent a parent from avoiding their support obligation by voluntarily earning less.
How Are High-Earner Cases Handled?
In cases involving very high incomes, the court has the discretion to deviate from the standard formula. While there is no legal “cap” on child support in California, a judge might find that the guideline amount far exceeds the child’s needs. The goal is to ensure the child benefits from the parent’s standard of living without creating a financial windfall that is not in the child’s best interest.
Covering the Essentials: Health Insurance and Childcare
Beyond base support, California law requires parents to share the costs of keeping their child healthy and safe.
Who Provides Health Insurance?
Every child support order in California must include an order for health insurance, which covers medical, dental, and vision. The law requires parents to maintain this coverage for their children if it is available at a reasonable cost.
“Reasonable” is typically defined as not exceeding 5% of the parent’s gross income. If one parent has access to a more affordable plan through their employer, the court will likely order that parent to carry the insurance, and the premium cost will be factored into the overall support calculation.
How Are Unreimbursed Medical Expenses Paid?
Insurance doesn’t cover everything. Co-pays, deductibles, and other out-of-pocket medical costs are known as unreimbursed expenses. Under California Family Code § 4063, these costs are typically split 50/50 between the parents, although a judge can order a different percentage based on each parent’s income.
There’s a formal process for this: the parent who pays a bill must provide the other parent with an itemized statement and proof of payment, usually within 30 days. The other parent then has a set time to reimburse their share. Keeping meticulous records is key to avoiding disputes over these expenses.
The Legal Process: Establishing or Changing a Support Order
First, a Case is Opened.
A child support case begins when one parent files a petition with the family court. This might be part of a divorce, a paternity case, or a standalone request for a support order.
Next, Financial Information is Exchanged.
Both parents are legally required to complete and exchange financial disclosures. The primary document is the Income and Expense Declaration (Form FL-150). This form provides the court with the raw data needed for the support calculation. Accuracy on this document is required under penalty of perjury.
Then, a Support Amount is Determined.
This happens in one of two ways:
- By Agreement: Parents may agree on a support amount and submit it to the court. As long as it meets the child’s needs and aligns with state guidelines, a judge will typically approve it.
- By Court Order: If you cannot agree, a judge will decide the amount at a hearing after reviewing both parents’ financial information and arguments.
What if Your Situation Changes? The Modification Process.
A child support order is not set in stone. Under Family Code § 3651, you can ask for a modification if there has been a “significant change in circumstances.” This could mean:
- One parent loses a job or gets a substantial raise.
- The parenting timeshare schedule changes.
- The child’s needs change, such as new healthcare costs.
A child support modification requires filing a formal request with the court. You cannot simply change the payment on your own, even if the other parent verbally agrees.
Preparing for Your Child Support Case: A Practical Checklist
While we handle the legal strategy, your organization at home can strengthen your position. Here is what you can do:
- Gather Financial Documents. Start a file with your most recent:
- Pay stubs (last two months)
- Federal and state tax returns (last two years)
- W-2s, 1099s, and K-1s
- Business profit and loss statements, if applicable
- Document Your Parenting Time. Keep a simple calendar marking the overnights the child spends with each parent. This data becomes invaluable if a disagreement about the timeshare percentage arises.
- Track Child-Related Expenses. Keep receipts for significant costs, especially those that qualify as “add-ons”:
- Childcare payments
- Health insurance premiums for the child
- Unreimbursed medical bills (co-pays, prescriptions)
- Costs for special needs or agreed-upon extracurricular activities
- Stay off Social Media. Public posts can be misinterpreted and used against you in court. which is why a family law attorney will always advise you to keep the details of your family law matter private.
- Communicate in Writing. If you must discuss support with the other parent, use email or text. This creates a clear record and minimizes “he said, she said” arguments.
Frequently Asked Questions About California Child Support
How long does child support last in California?
Child support typically continues until the child turns 18 and has graduated from high school, or until they turn 19, whichever occurs first. In cases where a child is incapacitated and unable to become self-supporting, the court may order support to continue indefinitely.
Can parents agree to a $0 child support order?
Parents may agree to waive child support, but a judge must approve it. A judge will only sign a zero-dollar order if convinced it is in the child’s best interest and their needs will still be met. Importantly, the right to seek child support in the future cannot be permanently waived if circumstances change.
What if the other parent lives in another state?
Child support orders are enforceable across state lines. The California Department of Child Support Services (DCSS) works with agencies in other states to establish and enforce support orders. If the other parent fails to pay, California can still use enforcement tools like wage garnishment and license suspension.
What happens if I lose my job?
Losing your job qualifies as a significant change in circumstances. You must immediately file a request with the court to modify your support order. The order is not automatically paused, and payments will continue to accrue at the old rate until a judge issues a new order. Do not wait.
Does getting married again affect my child support?
A new spouse’s income is not directly included in the child support calculation. California law is specific that a new spouse’s earnings do not belong to the parent. However, a new marriage can alter your tax filing status and overall household budget, which may indirectly influence the amount of support you pay or receive.
Take Control of Your Child’s Future Today
In a child support case, facts determine the outcome. One wrong number, one missed detail, and your child’s financial security could suffer. At Wade Litigation, we do not leave those details to chance. We build every case on accurate numbers, strategic insight, and a clear plan for results.
Whether you need to establish support, fight for a fair modification, or enforce a court order that’s being ignored, we are ready to act.
Your child deserves stability. You deserve clarity. Let’s make both happen.
Call Wade Litigation today at 888-705-5059 to schedule your confidential consultation.