How Child Support Works
In California, the courts use a calculator, similar to the California Guidline Child Support Calculator, to estimate the net income after taxes of both parents to determine how much child support is necessary to provide for the best interests of the children. If you and your co-parent have equal parenting time, the parent with the lower income will receive support.
Mr. McCunn can help you determine how much you can claim in child support payments to ensure you receive a fair amount.
However, in cases of non-equal timeshare, the calculations are slightly more complex. When one parent has the majority of parenting time, they are considered the custodial parent. The amount of money required from the non-custodial parent is directly connected to the amount of visitation time they spend with the child. The closer the non-custodial parent is to zero visitation, the higher the support payments. In this way, child support motivates parents to spend time with their children.
The Child Support Process
There are several steps you must take to obtain an order for child support. If you are at the beginning of a divorce, we typically handle this phase as part of our five step method for divorce. However, you can also file a claim for child support through the California Department of Child Support Services (DCSS). A typical child support claim involves:
- Making an initial child support request
- Declaring income and expenses
- Serving the child support request for order to the other parent
- Attending a child support hearing
In situations where you choose mediation or a collaborative divorce, you will still need to receive a court order to make a child support claim official. Our team can help you with every step of this process to ensure proper protocols are followed.