1) How is Child Support determined?
In 1984 the California Legislature enacted the Agnos Minimum Child Support Standards Act. This law established minimum levels of child support and required the courts to establish guidelines for awards of child support above the statutory minimums. This is known as the Child Support Guideline, which was recently amended, effective July 1, 1992.
To calculate the minimum amount of child support to be paid by a parent, the law directs the judge to first add up the total net monthly incomes of both parents. Then, the judge has to compute the percentage of that income that is being earned by the non- custodial parent. Then that percentage is multiplied by the applicable level of welfare payments for the number of children in the household. The result of this calculation is the minimum child support. It should be understood that in the vast majority of cases, the court orders child support above the minimum level, as determined by local support guidelines.
The vast majority of child support is paid under the Child Support Guideline. The guideline is based on a complicated mathematical formula. In fact, computer programs must be used to calculate child support under the guideline.
2) How long is child support supposed to be paid?
Child support must be paid until the child becomes 18, unless the child has not graduated from high school, in which case the child support continues until the child has graduated high school or becomes 19, which ever occurs first. Presently, the law doe s not give judges the power to make a parent support a child beyond the age of 19, unless the child is physically or mentally disabled. However, the parents can agree that child support is to continue into the college years, and such an agreement will be enforced by the Family Law Court.
3) How is child support supposed to be paid?
Unless the custodial parent agrees otherwise, all child support is to be paid by a wage assignment. This means that the child support payments are to be deducted from the wages of the parent who is obligated to pay child support.
