In the state of California, a complex algebraic formula is used to calculate child support. This formula was adopted as the Statewide Child Support Guideline in 1992. The guideline serves two purposes. First, it provides for a minimum level of financial support for a child, and second, it creates uniformity in calculating child support. It takes into account the income of both parents, the amount of time the child spends with each parent, and tax deductions that are available to each parent. The formula can be found under section 4055 of the Statewide Child Support Guideline Family Code. The formula has since been incorporated into a piece of software, called Dissomaster, which is now used by judges and family law attorneys to calculate child support obligations.

You can find the formula by clicking the above link, but even if you are able to work out the math, the amount you come out with will probably only be a ballpark figure. There are numerous other variables that may go into the actual child support amount.

Deviation From The Guideline

Judges are required to adhere to this guideline. In fact, the law states that the amount generated by the guideline formula is to be “presumed to be the correct amount of child support.” There are, however, certain specific circumstances that allow for deviations. For instance, if the parent ordered to pay child support has an extremely high income, the formula would likely produce an amount that greatly exceeds the needs of the child. The court is therefore authorized to lower the amount of child support. A case in which the child has special medical or educational needs would be an instance where the guideline amount may be increased. There is also a provision in the family code that allows for an adjustment for low income individuals. If you have been ordered to pay child support, and your net monthly disposable income is less than $1,000.00, you may be ordered to pay an amount that is less than the amount generated by the formula.

Child Support Add-Ons

In addition to the basic guideline amount, and possible deviations, the law also provides for add-ons. They fall under two categories:

1. Mandatory Add-Ons ~ A judge is compelled to order additional contributions in the event that (a) there are child care costs directly related to employment, or training for job skills, or (b) there are reasonable health care costs for the child, which are not covered by insurance.
2. Discretionary Add-Ons ~ A judge may order additional contributions for (a) special medical or educational needs of the child, or (b) travel expenses incurred by the custodial parent, for the purpose of visitation.

If a judge orders child support add-ons, they should be equally shared by both parents. In the event that equally sharing the extra expense is not reasonable, the judge may allocate responsibility in proportion to each parent’s net income.