Saturday, November 10th 2007
Child Support
Child Support
- How Much Will It Be?
- When Does Child Support End?
- Do I Have to Pay for Health Insurance?
- Will Child Support Change Over Time?
- Does Child Support Cover College?
- What If I Have Children from Another Marriage?
- What if One of us Remarries?
How Much Will It Be?
California child support guidelines determine the amount of child support one parent pays to the other parent every month for the support of one or more children. The California child support guideline is a formula for determining the amount of child support to be paid. The guideline calculation includes consideration of the following:
- How much money the parents earn;
- How much other income each parent receives;
- How many children the parents have together;
- How much time each parent spends with their children;
- The tax filing status of each parent;
- Support of children from other relationships;
- Health insurance;
- Mandatory union dues;
- Mandatory Retirement contributions; and,
- Daycare and uninsured health-costs.
The guidelines and child support payments are not automatically adjusted as incomes change. It is fixed until one spouse asks for a modification.To do this, you can have someone serve a Request for Production of an Income and Expense Declaration After Judgment
When Does Child Support End?
Child support must be paid until the child marries or registers a domestic partnership, dies, is emancipated, turns 18 and is not a full time high school student, or turns 18, whichever occurs first. If a child requires substantial care and personal supervision because of a mental or physical disability and cannot or will not be able to support himself, the Court may order that child support for that child continue after his or her 18th birthday.
Parents can agree to support a child longer, but are not required to do so.
Do I Have to Pay for Health Insurance?
The Court will require the parents to have health insurance for their children if it is available for free or at a reasonable cost, such as through one of the parent’s employers.
Will Child Support Change Over Time?
If you have more than one child, the child support obligation will decrease as each child reaches 18 and finishes high school. You can also return to Court at any time and ask for an increase or decrease in child support if the paying ex-spouse’s income or the children’s expenses have changed significantly or if there is a change in circumstances.
Parents often wonder if they can require the other parent to help pay for a child’s college or other expenses after the child is 18. Unless a child is disabled, the judge cannot order either parent to pay the child’s expenses after age 18 because there’s no legal duty for a parent to support a child after that age. However, the parties can agree by contract to pay those expense. Such an agreement can be included in your divorce decree, and it is enforceable as a contract. That agreement must be voluntary; the Court cannot require it.
What If I Have Children from Another Marriage?
Will the Court take your children from another marriage into consideration when setting your child support obligation? Yes. The child support guidelines factor in your child support obligation for other children. The formula is too complicated to explain here, so be sure to discuss this issue with your lawyer.
What if One of us Remarries?
Remarriage normally will not affect the amount of child support, unless the paying spouse has more children, in which case, it might. The income of new spouses is not considered.
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