Child support is determined with a formula that requires consideration and the use of many factors. The most significant ones are each parent’s respective income and each parent’s respective timeshare with the children. The purpose of child support is to support a child at a level that relates to the parents' station in life.
The level of child support is established with the use of a computer program. The parties may agree to pay a level of child support that differs from the computer generated amount. However, the court will not recognize a written agreement between the parties that child support be fixed and non-modifiable. Child support is always modifiable when circumstances change.
Child Support is determined by a software program certified by the California Judicial Council (i.e. Dissomaster, X-Spouse, etc.). The formula includes many factors, some of which are listed here, with the primary key factors being:
- timeshare with children
Courts may depart from the computer generated number (up or down) under certain circumstances and conditions, but rarely do so. Courts may order additional child support payments referred to as “add-ons” (child care, medical expenses, etc.). Certain “add-ons” are mandatory and others are discretionary. In cases where the payor’s income varies, a court may order support calculated on the base income amount, with additional “supplemental” support paid as a percentage of the income received over the base amount, in what is referred to as an Ostler-Smith order.
The child support calculator can be found online in the California Department of Child Support Services website.
Child support increases in amount as the payor's income increases.
Child support decreases in amount as the payor's time share increases.