Q. How is child support calculated in California? I have heard about "Guideline Support" but am wondering what this means?
Robyn, "please don't mention my city", CA
In 1993 California adopted a Statewide Uniform Guideline to come into compliance
with a federal mandate.
(Family Code section 4050). This followed wide variability of orders and a prior failed attempt to
ensure predictability. Its effect was to greatly increase the monies available
to children and to begin to end gender bias in assessing support.
Family Code section 4052 requires California court Commissioners to adhere to the uniform guidelines
and to "depart from the guideline only in special circumstances...."
Family Code section 4053 lists principles to be followed by the Court in implementing the guidelines.
This is a statute worth reviewing, and using to remind family court judges
of what our State child support policy is. These include the directives that:
(1) A parent's first and principal obligation is to support their
minor children "according to the parent's circumstances and station
in life."
(2) Both parents are mutually responsible.
(3) The guideline must take into account each parent's actual income
and the level of responsibility for the children.
(4) "Each parent should pay for the support of the children or according
to his or her ability."
(5) The interests of children are the State's top priority.
(6) Children should share in the standard of living of both parents. Child
support may therefore be appropriately used to increase the standard of
living of the custodial household to improve the lives of the children.
(7) Disparities of living standards in both homes, particularly where
both parents have high levels of responsibility for raising the children,
should be minimized through the use of guideline child support orders.
(8) A parent having primary physical responsibility for the children (a
term that is nowhere defined in the Family Code) is presumed to be contributing
a significant portion of their available financial resources to the support
of these children.
(9) The guideline is intended to encourage settlement between parents
by creating predictability.
(10) The guideline is presumptively correct in all cases, and only in
special circumstance should child support orders be less than guideline.
(11) Child support orders must reflect the greater standard of living
and costs of living in California as opposed to other states.
California Family Code section 4055 sets forth the formula for assessing guideline support. Don't even
bother to look at it, you will need to be a mathematician or logics teacher
to understand or explain it. While gross income numbers (or imputed income)
are used, the guideline tax effects this income so that net income is
generally what is determinative - however, this complicates doing the
math. The percentage of parent's income allocated to children is called
the "K" factor, and this number moves depending upon how many
children there are. It assumes, for instance, that 26% of the joint income
of most families is spent on families with one child, and 60% where there
are three children. Fortunately these calculations are done for us through
computer programs. The most common are the Dissomaster and Xspouse. The
Riverside County family court in Indio utilizes the Xspouse. The Xspouse
is a spin off from the people who devised the Dissomaster, after they
had a parting of the ways.
Child support always takes precedence over spousal support, or personal
expenses. Relative timeshare between the parents is a major factor in
using the formula - the higher the noncustodial parent's timeshare,
the less they pay.
Unfortunately this means in practice that there is much legal wrestling
between parents about timeshare that has nothing to do with the children's
best interests but often everything to do with economic warfare.
For much more information about child support rules in California, click here!
Thurman W. Arnold III
