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How Is Child Support Determined in a California Divorce?

Posted on in Child Support

Santa Clara County child support lawyerThe divorce process can be messy, especially when children are involved. When splitting up with your spouse, you will need to address a variety of issues related to child custody, including how you will share the responsibility to make decisions for your children and how your children will divide their time between your homes. In many cases, one parent will be required to pay child support to the other to ensure that children’s ongoing needs are met. Divorcing parents should be sure to understand how the amount of child support payments will be determined.

How Child Support Is Calculated 

Under California’s divorce laws, the amount of child support payments is determined using a complex equation that includes factors such as the net monthly disposable income of both parents and the amount of time children will spend with each parent. This equation is meant to provide a level of consistency in child support calculations and to guarantee a minimum level of support for the child. 

In some cases, a judge may decide to deviate from the child support guidelines when determining the amount of payments a parent should make. Situations where this may be necessary include cases where one parent has an uncommonly high income, both parents have a significant amount of parenting time but one’s income is significantly lower than the other’s, or a child has special needs and requires additional financial support. 

How a Family Law Attorney Can Help 

Even though rigid guidelines are used to determine child support in California, it is crucial to work with an attorney to make sure all legal issues are properly addressed. An experienced divorce lawyer can help you understand your rights as a parent, determine what factors should be considered when calculating disposable income, and make sure child support payments will fully address any extraordinary needs for the child. An attorney can also assist in modifying a child support order if either party’s income has changed drastically following their divorce, or they can take steps to enforce a child support order if a parent has not made payments on time or in full.

Contact a Los Gatos, CA Child Support Attorney

Attorney Benita Ventresca has represented clients in a wide variety of divorce cases, and she can make sure all issues related to child support are addressed correctly. As you work to resolve divorce-related issues, Attorney Ventresca will provide the legal help you need and represent you in any court hearings. To arrange a free consultation with our Los Gatos divorce lawyer, call our office at 408-395-8822.


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Los Gatos, CA 95030

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