Frequently Asked Child Support Questions
How much child support will I receive?
How do I modify child support in California?
My spouse does not work, will I have to pay child support?
Child support is based upon a guideline formula established by the legislature in
California Family Code Section 4050
et. seq. The main considerations are the income of both parties and the time each parent spends with each minor child.
If a parent is not working, the court may impute income to that parent. When the court imputes income, it acts as if the parent is earning a certain amount of money even though the parent is not currently working.
Child support may be modified by court order. When one parent's income changes, the court may consider a modification of child support after a request for order has been filed in Orange County.
If I increase my expenses, will child support order be lower?
What factors does the court analyze in setting child support?
I am not working, can the court order me to pay child support?
Expenses do not decrease the obligation to pay child support. However, they may increase child support if the paying party's expenses are significantly higher than their income.
In addition to the income of both parties and the time spent with the minor children, the court will consider other factors which may have a bearing on the parents' take home pay and ultimately child support. Items that will increase child support are the payment of property taxes and mortgage interest by the paying spouse. Items that decrease the parents take home pay are mandatory union dues, and health insurance premium payments
The divorce court can impute income to you if you are not working and are able to work. The court will consider factors such as your ability to work and available jobs.