What Factors Are Used to Determine Child Support & Custody?

Parenting is about putting your child first and doing what you can to make their life better, whether they’re an infant or a teen. From choosing a school to saying no to a sugary treat, you have to keep your child’s best interests in mind at all times. It’s no different when it comes to child custody negotiation and support.

First, let’s look at the financial aspect of the equation. When you have children in California, you’re legally obligated to financially support them until they reach the age of majority, which is 18. If you’re splitting from your spouse in California, child support is calculated using a specific formula.

California Family Code 4053 is a good reference. It states that:

• Parents’ most important obligation is to support their child
• Both parents are mutually responsible
• Children should share in the standard of living of both parents
• Each parent should pay according to his or her ability
• The financial needs of the children should be met through private financial resources as much as possible

Here are some of the factors looked at when determining child support:

• The number of children.
• Income. This isn’t just your take-home pay. It also includes tax deductions, which range from voluntary retirement contributions to health insurance premiums.
• Timeshare. This looks at the hours, not days, kids are in a parent’s custody. For example, one parent might have them on weekends, but this may be Friday after school until Monday morning, which is approximately 60 hours; more than just a Saturday and Sunday.
• Childcare expenses. Maybe one parent has always stayed home, but due to the loss of their partner’s income, now has to put the kids in daycare. The law will take into account each parent’s situation.

Are you an unmarried parent looking for resources? Read this blog.

When it comes to child custody negotiation, there are several factors considered by the court, including:

• The child’s age
• The mental and physical health of the parent
• The child’s ties to the parent, home, school and extracurricular activities
• Any history of family violence, neglect or substance abuse
• The work schedule of the parent

In some cases, separating or divorcing parents are able to decide between themselves who will have joint custody and/or sole custody.

Depending on the child’s age, his or her opinion may be taken into consideration, too. For example, a judge may ask an older teenager which living situation he or she would prefer.

No matter what the outcome is, decisions should always be based on the best interests of the children—something that too many parents forget or ignore.

You’re not alone. We are experienced attorneys and mediators who can help you settle your Family Law case. Contact us today for peace of mind.

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.