California Child Support: 3 Frequently Asked Questions
Child support laws in California are complex, and we at Fenchel Family Law are frequently asked a variety of questions about this topic. While every case is different, there are a few sets of questions that always crop up, and we thought it would be a good idea to highlight some of the answers to those questions via a blog post.
For more in-depth assistance, we invite you to reach out to our office to speak with one of our qualified family law attorneys. That being said, here are some of the most commonly asked questions that we hear when it comes to child support in California.
How is Child Support Determined?
The simple answer is that this is based on statewide guidelines which employ a complicated formula. Factors that go into this formula include number of children involved, the income level of each parent, the amount of time that each child spends with each parent, and more. This means that every case is very different, and a concrete answer can only be provided once this formula has been crunched by the courts.
Are There Limits on Child Support Amounts?
Many states have a cap on child support amounts, but California is not one of those states. This means that there is no limit, and all determined amounts are presumed to be perfectly valid. There are a few rare instances where the courts might deviate from this, but this is hardly ever the case. Usually courts uphold arrangements, even if they notably improve the quality of life of the parent with the lower level of income.
What About When The Parent Is Not Using Child Support Payments On The Child?
This is a very common question, but unfortunately the law does not take this factor into account, so it does not matter. The rationale behind this is that costs incurred by the parent, such as housing and bills, are for the benefit of the child as well, and even if the payments you send aren’t used specifically for these types of costs, the parent still has to pay childcare and other expenses from somewhere.
We hope this post sheds some light on the complicated tapestry that makes up child support laws in California. To learn more, and to schedule a consultation with our skilled family law attorneys, be sure to reach out to us at Fenchel Family Law.