Child support can be one of the most contentious aspects of divorce. One parent will end up paying the other parent until all of their minor children turn 18. Anything can happen during that period. You could get laid off. Your plant could close down. You might not be able to afford your support payments for a temporary period. What happens then? In this article, the Sacramento, California family law attorneys at Wagner Family Law will discuss how child support is calculated and what to do if you cannot make payments. 

How to calculate child support in California (the easy way)

If you want to calculate how much child support you will likely pay to your former spouse or how much child support you will receive from your former spouse, you can use California's child support website, assuming you have all the information you need to enter into the calculator to come up with an accurate figure. 

How to calculate child support (the hard way)

In California, child support payments are calculated using a specific formula that takes into account the incomes of both parents and the amount of time each parent spends with the children. The formula is:

CS = K(HN - (H%)(TN))

The formula calculates the amount of child support owed by the noncustodial parent to the custodial parent. The variables in the formula are as follows:

• CS: Child support

• K: Combined monthly income allocated to child support

• HN: The higher-earning parent's net monthly income

• H%: The higher-earning parent's time with the child

• TN: The combined monthly income of both parents

Understanding the formula

As you can readily see, if you are not a mathematician, then calculating child support in California is fairly complex. In essence, the greater the difference between the parents' incomes, and the less time they spend with the children, the higher the child support the higher-earning parent will owe. This guideline is used in both divorce cases and cases involving unmarried couples who have children together.

Before you can effectively calculate child support, certain information must be gathered. This includes each parent's gross income and net disposable income. Gross income relates to sources like wages, business income, pensions, investments, and more. Net disposable income is derived by deducting taxes, payroll deductions, and other allowable expenses. 

Imputing income

In some cases, the income of a parent can be “imputed” if the parent intentionally lowers their income to evade child support payments. Then the court will determine the parents' earning capacity, which is based on several factors such as assets, job skills, and barriers to employment.

What if I have to pay child support for multiple children?

The child support calculator applies specific multipliers for multiple children. For instance, if you need to pay for two children, the support amount is multiplied by 1.6, and similar multipliers are provided for three, four, or even more children.

If I earn less than my spouse, will I have to pay child support?

You might. While California's child support guidelines typically result in the higher-earning parent paying child support to the lower-earning parent, there are cases in which the formula yields a negative amount. In that case, the lower-earning parent may be required to pay child support to the higher-earning parent. This is likely true in cases where the lower-earning parent does not spend a significant amount of time with the children. 

Deviations from the guidelines

California law allows you to deviate from the guidelines when the amount is considered “unjust” or “inappropriate.” Valid reasons for deviating from the guidelines include: Mutual agreement, extraordinarily high income, unequal contributions to the child's needs, differences in housing costs, special needs, deferred home sales, and multiple legal parents. 

Can I negotiate a child support amount with my former spouse?

Parents can agree on child support amounts through a marital settlement agreement. These agreements require court approval and must reflect the best interests of the child. 

What if I am struggling to make child support payments?

If you are struggling to pay child support in California, it is imperative that you take immediate action. You will want to contact your local child support agency to discuss your financial situation and explore options like a payment plan or modification of the support order. You can likewise request a modification of the support order with the court, explaining your changed financial circumstances. However, failing to pay child support can result in serious consequences, including fines, license suspension, and jail time. 

You should strongly consider doing the following:

• Contact your local child support agency - You can find your local agency online. Sacrament's local child support agency can be found here. You will want to explain your situation and ask about available resources, including payment plans, debt reduction programs, and more. 

• Request a modification of the child support order - If your financial situation has changed substantially, as in you lost your job or took a pay cut, you can formally request a modification of the child support order by filing a Request for Order with the court. This allows you to ask the court to modify the amount you are required to pay. 

• Consult with a family law attorney - A family law attorney can help you file the petition to modify your child support payments, represent you in court, and ensure your rights are respected. 

• Talk to the other parent - You will want to try to talk to the other parent and reach an agreement about a temporary payment plan or reduction in support while you address your financial challenges. 

• Be proactive - Don't wait until you are behind in child support payments before seeking help. Addressing the matter early can prevent serious legal and financial consequences.

Talk to a Sacramento, California Family Lawyer Today

Wagner Family Law represents the interests of Sacramento residents who need to modify a child support order. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.