Child Support

We help our clients determine a fair and accurate child support calculation.

Child Support

In California, both parents have a legal obligation to contribute to the support of their children. As a result of this obligation, when parents divorce, typically, one parent must pay the other parent child support. Generally, this obligation continues until (1) the death of the child, (2) the child’s 18th birthday (or 19th birthday if the child has not graduated from high school by the age of 18), or (3) the child’s emancipation. 

In certain circumstances, a Court can extend support beyond an adult child’s 19th birthday. In those circumstances, the adult child must be “incapacitated from earning a living” and must be “without sufficient means” for their own support. Children who are attending college, even if they have no income, are not entitled to support, and their parents have no legal obligation to contribute to their college tuition (though, in practice, many divorcing parents reach an agreement between themselves on the issue of children’s college expenses).

Child Support

We help our clients determine a fair and accurate child support calculation.

In California, both parents have a legal obligation to contribute to the support of their children. As a result of this obligation, when parents divorce, typically, one parent must pay the other parent child support. Generally, this obligation continues until (1) the death of the child, (2) the child’s 18th birthday (or 19th birthday if the child has not graduated from high school by the age of 18), or (3) the child’s emancipation. 

In certain circumstances, a Court can extend support beyond an adult child’s 19th birthday. In those circumstances, the adult child must be “incapacitated from earning a living” and must be “without sufficient means” for their own support. Children who are attending college, even if they have no income, are not entitled to support, and their parents have no legal obligation to contribute to their college tuition (though, in practice, many divorcing parents reach an agreement between themselves on the issue of children’s college expenses).

Basic child support is calculated pursuant to a guideline formula that takes into account an array of factors, including:

  • The incomes of each parent, including income from all sources
  • Tax-filing status (i.e., single, head of household, or married)
  • Tax deductions and tax credits (e.g., mortgage interest deductions)
  • Specific statutory hardships (e.g., children from another relationship)
  • Each parent’s level of responsibility for the children (the amount of time each parent spends with the children)

 

Calculating guideline child support can be relatively straightforward when both parents are W-2 employees, work full-time, and share custody of the children. However, when one parent is not working to their full ability, has a complex pay structure, is living off of family gifts or trust income, or is running personal expenses through a family business, the calculations become more complicated.

  • A parent not working to their full ability: If a Court finds that one parent has the ability and opportunity to obtain meaningful employment but, for some reason, has chosen not to seek that employment, then the Court may consider earning capacity — rather than actual earnings — when calculating child support.
  • Complex pay structure: Many employees are compensated in traditional ways (hourly, salaried, bonus). Other employees, however, particularly in the tech-heavy Bay Area, receive the bulk of their compensation in less traditional ways — through stock options, restricted stock units (RSUs), performance shares, and/or phantom stock. Understanding these incentive compensation models and determining if and to what extent each should be included in child support calculations is critical to establishing the fair and appropriate level of child support.
  • Family gifts and trust income: If one parent receives gifts from their family members, then those gifts may be considered for purposes of support calculations. That is especially true if that parent is receiving gifts on a routine basis. One-time gifts, however, are typically not considered in support calculations.
  • Personal expenses run through family business: If one parent operates their own business, does the parent receive personal benefits from that business in addition to their regular wages? For example, does the business pay for the parent’s automobile, insurance, cellular phones, meals, travel, entertainment, or other personal expenses? If so, a Court may consider the value of these personal benefits when determining the appropriate level of child support.

The experience was phenomenal. They were my legal knights in shining armor but above all they have become life mentors and friends who are truly honorable people and professionals.

Why Ford Family Law?

We have decades of experience helping clients determine a fair and accurate child support calculation. If necessary, we have an extensive network of consultants, vocational evaluators, and forensic accountants who collaborate with us to ensure the best possible outcome for our clients.

Why Ford Family Law?

We have decades of experience helping clients determine a fair and accurate child support calculation. If necessary, we have an extensive network of consultants, vocational evaluators, and forensic accountants who collaborate with us to ensure the best possible outcome for our clients.

(510) 835-9000

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