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Child Support

Trevino Law, Inc.

CALIFORNIA CHILD SUPPORT

Child support in Orange County is based upon a formula created by statute and is based on several factors. The factors include the income of both parents, the percentage of time that each child spends with each parent, the cost of health insurance premiums, and the cost of day care. Child support is based upon the income of both parties and the time shared with each parent. It is possible for a parent with primary custody to pay the parent with less visitation, child support.

Once child support is paid, the support can be used for any type of support for the minor child. It can be used to pay the mortgage, groceries, clothing, and any other essentials. The paying spouse cannot determine how child support can be used unless there is a written agreement between the parties.

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FREQUENTLY ASKED CHILD SUPPORT QUESTIONS

How much child support will I receive?

Child support is based upon a guideline formula established by the legislature in California Family Code Section 4050 et seq. The main considerations are the income of both parties and the time each parent spends with each minor child. The legislature envisions that both parties will contribute to the children's well-being based upon each party's station in life.

How do I modify child support in California?

Child support may be modified by court order. When one parent's income changes, the court may consider a modification of child support after a request for order has been filed in Orange County.

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My spouse does not work, will I have to pay child support?

If a parent is not working, the court may impute income to that parent. When the court imputes income, it acts as if the parent is earning a certain amount of money even though the parent is not currently working.


What factors does the court analyze in setting child support?

In addition to the income of both parties and the time spent with the minor children, the court will consider other factors which may have a bearing on the parents' take home pay and ultimately child support. Items that will increase child support are the payment of property taxes and mortgage interest by the paying spouse. Items that decrease the parents take home pay are mandatory union dues, and health insurance premium payments

If I increase my expenses, will child support order be lower?

Expenses do not decrease the obligation to pay child support. However, they may increase child support if the paying party's expenses are significantly higher than their income.

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If I am not working, can the court order me to pay child support?

The divorce court can impute income to you if you are not working and are able to work. The court will consider factors such as your ability to work and available jobs.

What if I have toddlers, will the court force me to work?

Usually if the minor child is a toddler, the court will not impute income to the stay at home parent. Imputation of income must be based on the best interest of the minor child.

Who bears the cost the minor children’s medical insurance premiums?

The cost of medical insurance premiums are often factored into child support and will lower or increase child support accordingly in a California divorce action.