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SAN DIEGO FAMILY LAW SERVICES
Child Support:
The statewide uniform guideline for determining child support orders is as follows:
- CS = K [HN - (H%) (TN)].
- The components of the formula are as follows:
- CS = child support amount.
- K = amount of both parents' income to be allocated for child support as set forth in paragraph (3).
- HN = high earner's net monthly disposable in-come.
- H% = approximate percentage of time that the high earner has or will have primary physical responsibility for the children compared to the other parent. In cases in which parents have different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the high earner parent spends with each child.
- TN = total net monthly disposable income of both parties. (To compute net disposable income, see Section 4059).
K (amount of both patents' income allocated for child support) equals one plus H% (if H% is less than or equal to 50 percent) or two minus H% (if H% is greater than 50 percent) times the following fraction:
Total Net Disposable Income Per Month K $0-800 0.20 + TN/16,000 $801-6,666 0.25 $6,66730,000 0.10 + 1000/TN Over $ 10,000 0.12 + 800/TN
For example, if H% equals 20 percent and the total monthly net disposable income of the parents is $1,000, K = (I + 0.20) x 0.25, or 0.30. If H% equals 80 percent and the total monthly net disposable income of the parents is $1,000, K = (2 - 0.80) x 0.25, or 0.30.
For more than one child, multiply CS by: 2 children 1.6. 3 children 2. 4 children 2.3. 5 children 2.5. 6 children 2.65. 7 children 2.75. 8 children 2.8 3. 9 children 2.8 4. 10 children 2.86
If the amount calculated under the formula results in a positive number, the higher earner shall pay that amount to the lower earner. If the amount calculated under the formula results in a negative number, the lower earner shall pay the absolute value of that amount to the higher earner.
In any default proceeding where proof is by affidavit pursuant to Section 2336, or in any proceeding for child support in which a party fails to appear after being duly noticed, H% shall be set at zero in the formula if the non- custodial parent is the higher earner or at 100 if the custodial parent is the higher earner, where there is no evidence presented demonstrating the percentage of time that the non-custodial parent has primary physical responsibility for the children.
Unless the court orders otherwise, the order for child support shall allocate the support amount so that the amount of support for the youngest child is the amount of support for one child, and the amount for the next youngest child is the difference between that amount and the amount for two children, with similar allocations for additional children.
However, this paragraph does not apply to cases where there are different time-sharing arrangements for different children or where the court deter-mines that the allocation would be inappropriate in the particular case.
FOR ASSISTANCE WITH FAMILY LAW IN SAN DIEGO
CALL TOM HUGUENOR TODAY AT 858-546-4868
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