Both parents have a legal duty to provide support for their children.  

The court has the power to order that one parent pay the other parent child support which is calculated by a statewide guideline formula. Child support is not taxable to the recipient and not deductible by the parent paying support.

Although there are many factors that are taken into consideration in the child support formula, the most relevant factors are the incomes of the parents (including bonuses, overtime, stock options, commissions, etc.) and the amount of time that each parent spends with the children. Some calculations can be straight forward, while others are more complex. 

The parties are always free to agree upon a child support award that is different from the guideline calculation.      

In addition to the base amount of child support, the court will typically order that each party pay one half of childcare which is necessary for a party to work, train, or seek employment. Furthermore, the court will require each party to pay one half of uncovered medical expenses. It is essential that a parent notifies the other parent and provides documentation of uncovered health insurance costs within 30 days that a parent is made aware of the expenses, otherwise the parent could be denied a reimbursement.

Obtaining a child support order is essential.  Do not delay! The court cannot order child support for children for a period prior to a party making a formal request through court action.   Once a child support order is obtained, if the payor fails to pay, the order bears interest at the legal rate, which is presently 10%.  A child support order is not able to be discharged in bankruptcy.

Child support is always modifiable and will be recalculated pursuant to the formula, upon the request of either party, based upon the then existing circumstances of the parties. 

If you wish to schedule a consultation with Katie Anderson, contact us here or call (760) 291-4105.