Who Is Generally Required To Pay Child Support?
There is no set rule that dictates who is required to pay child support. Child support is calculated with a formula that’s based on the amount of time the child spends with each parent and the net spendable income of both parents. The idea is to make it so that the child has the same standard of living at both houses.
Does Anyone Have To Pay Child Support If Both Parents Share Equal Custody?
When parents have equal custody, they are able to stipulate whether or not either side will pay child support, and if so, how much. It is possible that one parent would pay child support to the other if there is a significant difference between their respective incomes. If the parents’ incomes are basically the same, then no one would pay child support.
How Is The Amount Of Child Support Determined? Can That Amount Be Changed Or Modified?
The amount of child support is determined by using the formula found in the family code. Most judges have a program called Ex-Spouse, which they use to determine the child support based on the formula. The formula is rather complex and takes up several pages in the family code. It takes into account the parties’ gross income, tax burdens, whether or not they own a home, whether or not they pay child support for another child, and whether or not they have income from a job or any other income-generating assets.
There could be a change in child support any time there is a change in the circumstances of the income of either parent. For example, there are a lot of construction workers in California, and it is not uncommon for them to be without work for a month or two during the rainy season. This is something that definitely needs to be taken into consideration when calculating child support, and will require construction workers to file a request for order with the court to have their child support reduced or eliminated based on their earnings. If they don’t file a motion, then they are going to owe the child support whether or not they are earning the income.
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