- Both parents have a legal duty to support their child financially, and this right belongs to the child, not the parents.
- San Diego courts use a guideline formula that considers each parent’s income, number of children, and time with each parent to set support.
- Recent California law changes (SB 343) aim to make support and shared expenses more equitable, especially for lower earners.
- Child support orders can be formally modified when there’s a significant change in income or custody, but informal side agreements are not legally sufficient.
- Judges can assign (“impute”) income to a parent who can work but chooses not to, so quitting a job will not eliminate child support obligations.
Child support helps parents maintain financial stability for their children after legal separation or divorce. The exact amount of child support depends on income and the amount of time the child spends with each parent. Parents must understand their parental obligations, how support is calculated, and the process for modifying existing child support orders.
Managing child support disputes can be overwhelming for any parent, especially when your child’s well-being depends on it. At Bremer Whyte Brown & O’Meara, we guide parents through every stage of child support establishment, enforcement, and modification. In today’s blog, we look at parental rights, how courts determine support amounts, and what you need to know about requesting modifications to a child support order in San Diego.
What Are Your Parental Rights and Obligations for Child Support?
Every child has the right to receive financial support from both parents, regardless of their marital status. Both parents share equal responsibility for providing for their children’s needs. Basic needs include housing, food, clothing, education, and medical care. Parents cannot waive their support obligations through private agreements because the legal right to support belongs to the child.
Custody of the child is a significant factor in a family court’s determination of the amount of child support each parent owes. Typically, the parent who spends less time with the child makes regular payments to the parent who handles most daily care. Even if both parents share equal custody, judges may still order child support to be paid if there is a substantial income disparity between the parents. Higher-earning parents are expected to maintain their standard of living for their child, regardless of which household they are in.
How Do San Diego Courts Calculate Child Support Payments?
To calculate appropriate child support, San Diego courts use a guideline formula. The most important details used in the calculation are the number of children, both parents’ incomes, and the time each parent spends with the child. Income refers to money from any source, with a few exceptions for taxes, health insurance, and existing child support and spousal support orders.
Income includes wages, unemployment benefits, workers’ compensation, certain disability benefits, and interest earned on investments or savings. Senate Bill No. 343, Chapter 213, updated the formula used to calculate child support to better reflect the costs of living and income levels of both parents. The revision allows for a more equitable division of obligations between parents of different income brackets.
One of the most important changes under the revised system is how additional child-related expenses are split between parents. Previously, judges divided childcare and uninsured medical expenses equally, putting a heavy burden on the lower-earning parent. Under the updated rules, judges now divide expenses based on each parent’s income. Consequently, parents earning below the set thresholds pay less to avoid falling into severe debt.
Can Existing Child Support Orders Be Modified?
Life changes can make an existing support order unfair or impossible to maintain over the long term. Parents have the right to request a formal modification when there is a significant change in circumstances. Common reasons for modifications include sudden job loss, an involuntary reduction in work hours, a substantial change in the income of either parent, and changes in the physical custody schedule.
Parents must file a formal motion with San Diego family court to change an order, as verbal agreements are not valid. If a parent loses their job and both parents agree to a lower payment in person or via text message, the original court order remains in place, and unpaid support continues to accrue interest. Relying on an informal agreement can lead to serious legal disputes later if one parent decides to enforce the original support order.
Fair Child Support Orders Through Expert Legal Guidance
At Bremer Whyte Brown & O’Meara, our experienced child support attorneys help parents with all aspects of child support law. We know how stressful this situation is, as it affects your life, your ability to care for your child, and your child’s physical well-being. We are here to protect your financial security and help you provide the life your child deserves. Whether you need to establish a new order, enforce unpaid support, or modify an existing order, contact our team to discuss your options. Our dedicated team will fight for you every step of the way.
Frequently Asked Questions
Can a Parent Avoid Paying Child Support by Quitting Their Job?
Intentionally reducing your income or refusing to work will not help you avoid child support payments, because judges can impute income based on your earning capacity, skills, and employment history. In other words, if you are physically and mentally able to work, the court can treat you as if you are earning that amount and require you to find employment to meet your parental responsibilities.
When Do Child Support Obligations End?
In California, child support obligations usually continue until a child turns 18 and graduates from high school. Courts can prolong payments if an adult child has a severe physical or mental disability that prevents independent living. It can be beneficial to include college tuition payments in the original support order, as it will not be mandated without a prior agreement.