• Facebook
  • Youtube
  • Linkedin
  • Twitter
  • Instagram
  • Vk
Call Us At: (408) 553-0801
Lonich Patton Ehrlich Policastri
  • Home
  • About
    • Why LPEP
    • Our Attorneys
    • Locations
      • San Jose
      • Santa Cruz
      • San Francisco
    • Testimonials
  • LPEP Spotlight
  • Practice Areas
    • Family Law
      • Annulments
      • Certified Family Law Specialists
      • Child Custody and Visitation
      • Child Support
      • Divorce and Your Estate
      • Divorce Litigation
      • Divorce Planning
      • Domestic Partnerships
      • Domestic Violence
      • Enforcement and Modifications
      • Extramarital Affairs
      • Grandparents’ Rights
      • Harassment
      • Legal Separation
      • Mediation and Collaborative Divorce
      • Parental Relocations
      • Paternity
      • Postnuptial Agreements
      • Prenuptial Agreements
      • Property Division
      • Restraining Orders
      • Same Sex Divorce
      • Spousal Support and Alimony
    • Estate Planning
      • Business Succession Planning
      • Power of Attorney
      • Probate
      • Trust Administration
      • Trust and Probate Litigation
      • Trusts
      • Wills
  • FAQ
    • Estate Planning FAQ
    • Family Law FAQ
  • Blog
  • Pay Now
  • Resources
    • Family Law Resources
    • Family Law Terms
    • Estate Planning Resources
  • Contact Us
    • Careers
  • Get a Free Consultation
  • Menu
Child Support Divorce Court Order And Payment
Virginia Lively

How Is Child Support Determined in California?

November 20, 2023/in Estate Planning /by Virginia Lively

A primary concern of divorcing parents is how it will impact their children’s standard of living. In the state of California, both parents are legally responsible for the financial well-being of their children.

But how does the court determine the amount each parent should provide?

There are many considerations that go into determining child support, and it starts with a formula from California Family Code § 4055 that takes into account the parents’ combined total income and the amount of that which must go towards financial support: 

CS = K[HN – (H%)(TN)]

CS = child support amount

K = the combined amount of both parents’ income that is to be allocated towards financial support

HN = the net monthly disposable income of the parent who earns more

H% = the approximate percentage of time the higher earning parent has physical custody of the child compared to the other parent

TN = total net monthly disposable income of both parties

Each parent’s net disposable income includes the following:

  • Wages
  • Tips
  • Bonuses
  • Commissions
  • Dividends
  • self-employment earnings
  • Rental income
  • Unemployment
  • Disability income

Another key factor in determining child support is custody and time-sharing. The custodial parent, who has the child for the majority of the time, typically receives child support from the non-custodial parent. 

In a 50/50 custody situation, child support may still be required from the higher earner.

The purpose of child support is to ensure the availability of financial resources necessary for their well-being, including:

  • Covering their basic needs, such as food, shelter, and clothing
  • Healthcare expenses, including medical, dental, and vision care
  • Educational costs like fees, uniforms, books, and other related expenses.
  • Childcare if both parents work 
  • Extracurricular activities such as sports, band, or dance lessons.

Child support orders are not set in stone. They can be modified if there are changes in circumstances, such as a significant change in income or alterations in custody arrangements. Only a court order can change the amount of financial support. 

Even if both parents agree on the new amount, it still must be approved by the court.

Additionally, non-payment of late payment of child support can lead to legal consequences, including wage garnishment, property liens, or applying any tax refund toward the delinquent amount.

Understanding how child support is determined in California can be complex. Still, it’s crucial to ensure a fair outcome for all parties involved and protect the best interests of the child. If you’re navigating child support issues, consider seeking advice from a legal professional who specializes in family law. Our attorneys at Lonich Patton Ehrlich Policastri work with families throughout San Jose, Silicon Valley, and the Greater Bay Area. We can assist you in navigating the legal process and answer any questions you may have.

Contact us for a free consultation by calling (408) 553-0801.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Virginia Lively

Avatar photo

Virginia Lively joined Lonich Patton Ehrlich Policastri in 2016, and has practiced family law exclusively since 2012. In 2018, Ms. Lively became a Family Law Specialist as certified by The State Bar of California Board of Legal Specialization. Her work with clients throughout the Bay Area has demonstrated her expertise in divorce, domestic violence, and spousal and child support as well as tax planning and litigation.

Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on Linkedin
  • Share by Mail
https://www.lpeplaw.com/wp-content/uploads/2023/11/bigstock-Child-Support-Divorce-Court-Or-469549607.jpg 475 900 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2023-11-20 17:17:032023-11-20 17:17:03How Is Child Support Determined in California?
Learn more about estate planning with a free resource
Read all about family law and child custody
Learn more about family law matters such as private divorce counseling.

Categories

  • 2021
  • 2022
  • 2023
  • 2024
  • 2025
  • Business Law
  • Estate Planning
  • Family Law
  • Firm News
  • In the Community
  • News
  • Personal
  • Probate
  • Spotlight

Posts From The Past 12 Months

  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024

Explore Our Archives

Free 30-Minute Family Law or Estate Planning Consultation

0 + 4 = ?

Contact Us

LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

MAKE A PAYMENT BY SCANNING THE QR CODE BELOW:

DISCLAIMER

This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

About | Why LPEP | Contact | Blog

© 2024 Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy

Will My Estate Plan be Impacted by the Corporate Transparency Act? Man in front of computer looking at icons symbolizing estate planning Same Sex Mature Female Couple Reviewing Domestic Finances And Investments In Kitchen At Home. domestic partnership How to Obtain a Domestic Partnership
Scroll to top

LPEP COVID-19 Office Protocol