Both parents have a duty to support their minor children. If you and your co-parent have started living separately, you may want or need child support in order to provide for your children. You may ask the court for a temporary child support order in a pending divorce, paternity, or domestic violence case with your co-parent.
A child support order requires one parent to pay to the other parent an amount for the support of the children. To obtain a temporary child support order you must have a pending family court case, but you don’t have to wait until all issues are resolved for the court to order temporary child support. The temporary child support order is a child support order in effect until the court enters a final order resolving all current matters in the case. You may ask for a temporary child support order at the beginning of your case, such as when you file the petition for divorce or your request for a domestic violence restraining order, or you may request temporary child support at a later point while the case is pending.
Under California law, a formula is used to calculate the child support guideline. The child support guideline is the minimum amount of child support recommended by law. Parents wishing to deviate from the child support guideline must state a valid reason for doing so.
In California, the “top priority” in setting child support is the “interests of children.” In fact, under California law, a parent’s “first and principal obligation” is to support his or her children. The guiding principles that California courts must use when determining child support include not only income but also parenting time-share and responsibility, the parents’ standards of living, and the children’s financial needs.
The child support guideline is calculated under California Family Code § 4055. California Family Code § 4055 sets out a mathematical formula that considers each parent’s net disposable income and the amount of visitation with the children. Net disposable income is figured by subtracting from gross income items such as federal and state income taxes, mandatory union dues, and health insurance premiums among others. The court then applies an additional factor to the child support guideline depending on the number of children.
In addition to the child support guideline, the court may also order payment of add-ons. California Family Code § 4062 lists two types of add-ons: mandatory and discretionary. Mandatory add-ons include reasonable uninsured medical, dental, and visions expenses of the children and the childcare costs incurred in order for a parent to work or obtain work-related training or education. Discretionary add-ons include items such as expenses for a child’s private school or special needs or travel expenses for visitation with the other parent.
Online calculators are available for calculating temporary child support, but using the calculator requires an understanding of tax data, such as alternative minimum tax adjustments, and California Family Code provisions, such as whether you qualify for the low-income adjustment or factoring in costs for “hardship children.” Calculating temporary child support is complex. To best serve your needs and the interests of the children for whom you are seeking a temporary support order, contact an attorney experienced in family law.
If you are facing a divorce proceeding, especially one that involves temporary child support, you should consult with an experienced California lawyer. The attorneys at the Law Offices of Judy L. Burger are well-versed in difficult divorce proceedings. Call today to see how we can help you: (415) 293-8314.