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SAN DIEGO FAMILY LAW SERVICES
Amount of Child Support
While the parties can agree between themselves as to the amount and method of payment of child support, their agreement is not binding on the Court. State law specifies the minimum levels of child support allowable and the courts follow these laws very strictly.
Child support amounts are computed according to a formula adopted by the legislature (see below). Courts routinely require the parties to submit a document showing that the amount of child support they have agreed upon meets or exceed the state law minimums. It may, therefore, be necessary for you to consult a California attorney to obtain a written computation showing that the law has been complied with.
It is not known how the courts will deal with this issue when the parties appear without an attorney. If the party receiving child support is receiving welfare benefits, special rules apply to the determination of child support amounts. The agreement between the parties must be approved by the District Attorney's office of the county in which the child resides. Some of the factors that will affect the amount of child support are:
- The incomes of each parties.
- The reasonable expenses of the parties. Not all expenses are considered and this factor is much less important than income.
- The court will ignore expenses if it is not in the best interests of the child.
- The amount of time each party has custody of the child. Thus, visitation with the non-custodial party will reduce the amount of support payable by that party.
- Any extraordinary child care expenses, such as day care or medical costs.
Child support amounts agreed to by the parties cannot be made non-modifiable. Any agreement between the parties must be approved by the Court and must conform to the State guidelines unless the Court approves.
For the Court to approve of an agreed upon child support order, it must find the following:
(a) Both parties are fully informed of their rights;
(b) The order is agreed to without coercion or duress;
(c) The agreement is in the child's best interests;
(d) The child's needs will be adequately met by the agreed upon amount; and
(e) There is no public assistance being provided nor applied for. D. California Statutory Child Support Formula 405 Statewide Uniform Guideline for Determining Child Support Awards
FOR ASSISTANCE WITH FAMILY LAW IN SAN DIEGO
CALL TOM HUGUENOR TODAY AT 858-546-4868
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