Who Will Be Responsible For Child Support When Parents Are Divorcing?
Both parents are responsible for the financial support of their minor children. However, if one parent is ordered by the court to pay child support to the other parent, or if the parents mutually agree that one will pay child support to the other, then the payor parent is responsible for making those payments according to the terms of the agreement or court order. It is important for an agreement or court order to include things like:
- Amount of child support due every month
- Day(s) of the month when the child support must be paid
- Who will pay for the child’s health insurance and out-of-pocket health care expenses
- Who will pay for extra expenses that come up (such as tutoring, extra-curricular activities, etc.). Will the expenses be shared? If so, how much will each parent pay?
Even if parents have a child support agreement, the agreement should be in writing and it should be submitted to the court with a request that the court approve it as a court order. If the Family Law court approves it as a court order, then the Family Law court can enforce it if one or both parents do not follow the terms of the agreement.
How Is The Amount Of Child Support Determined In CA?
CA uses a formula to determine what is known as the “guideline child support” amount. The formula takes into consideration things like each parent’s income, the amount of time each parent spends with the minor child, what each parent’s deductible expenses are, and the like. The court is allowed to adjust the guideline number up or down if there is good reason to adjust the number. Likewise, the parents may also be permitted to deviate from the guideline number if they can demonstrate to the court that the child will be adequately supported.
For more information about Child Support in CA an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (707) 900-4500 today.
The ideas discussed in this article are for general informational purposes only and should not be construed as legal advice. The reader should consult with an attorney to determine what is in the reader’s own best interest.