How to Calculate Child Support for Unmarried Couples
No matter how contentious or amicable your breakup is, if you have children, it’s essential you properly understand your legal rights and responsibilities and have a binding agreement in place.
First, let’s define parentage (paternity) in California. This refers to the legal recognition of a person as a child’s biological parent. If you’re married, the law presumes that the wife is the biological mother, and that the husband is the biological father.
However, if you’re not married, there is no presumption; parentage is only established if a parent signs a declaration stating that he or she is the biological parent during a parentage case. When parentage is established, the parent assumes full rights and responsibilities for the child or children.
If you’re determining payments for or custody of non-biological children, parental obligations in California are limited. Typically, if you are not the biological parent of a child, you will not be required to contribute any money after the breakup.
Isn’t a Verbal Child Support Agreement Enough?
Some unmarried parents are comfortable having a verbal agreement, with the mother receiving regular but informal financial payments from the father or vice versa.
However, payments of child support in California can’t be forced without a court order, and unfortunately it’s common for a contributing parent to suddenly stop or reduce payments, leaving the other parent high and dry.
We recommend that you have an enforceable order instead to ensure:
- Those payments are prioritized above other creditors
- The parent owing you money can’t evade responsibility by filing bankruptcy
- The parent owing you money can have wages garnished from their paycheck if they don’t pay
- There are penalties for non-payments
California uses a statewide formula to calculate the amount of money a non-custodial parent owes a custodial parent once parentage is established. Here are some of the factors this formula takes into account:
- How many children there are
- How much money each parent makes
- How much time each parent spends with the child or children
- Expenses such as health insurance and daycare
You can learn more at the California Judicial Branch website.
According to HG.org, the statewide guideline formula is stated by Family Code Section 4055(a) as:
- CS = K [HN-(H%) (TN)]
- CS = child support amount
- K = amount of income to be allocated as set forth in Family Code Section 4055(b)(3)
- HN = high earner’s net monthly disposable income
- H% = approximate percentage of time high earner has or will have primary physical responsibility for the children compared to the other parent (where the parents have different time-sharing arrangements for different children
- TN = total net monthly disposable income of both parties
We know that issues in family law can cause financial and emotional stress. We also know that child support laws in California have specific guidelines to determine the amount that should be paid. Calculation of these payments is extremely complex and you must ensure that the correct data is used to guarantee a fair determination.
Our attorneys are experienced litigators who have handled hundreds of contested Family Law cases in Sonoma County, CA. Issues such as divorce, child custody, restraining orders, financial support for a spouse or child, and division of property are routinely addressed by our firm. Contact us today.
This article is not intended as legal advice or a substitute for legal advice. We simply want to give you an idea of what to expect as you navigate this journey, and help you understand your next steps.