What is child support?
Child support is money one parent pays to the other for the support of the children. Usually the parent with less time (the non-custodial parent) pays support to the parent with more time (the custodial parent).
Only two factors are considered: time share and the income of the parents. A parent cannot avoid paying by voluntarily quitting a job — if a parent is unemployed or underemployed by choice, the court will consider what that parent should be earning. This is called earning capacity.
Parental obligations
California law obligates both parents to support their children. That does not mean both parents pay the same amount — the amount depends on how much each parent earns and how much time each spends with the children.
The child support formula (guideline)
California uses a formula based on time share and earnings called the State Child Support Guideline. It's complex enough that a computer runs the calculation. Parents may agree on a support amount, but the court will review the agreement to make sure it is reasonable, that the children are adequately cared for, and that the County is not paying support to one of the parents.
Although child support is paid, the child is not entitled to the money directly, and the receiving parent does not have to account for how it is spent — as long as the child is cared for.
Calculating the amount
The formula is complicated enough to require a computer. Most courthouses provide computers for this purpose, and free calculators are available on many websites.
Custody
There are six kinds of custody in California:
- Joint custody — joint physical and joint legal custody.
- Legal custody — the right to make decisions about the health, education, and welfare of the children.
- Sole legal custody — one parent has the right and responsibility to make those decisions.
- Joint legal custody — both parents share that right and responsibility.
- Sole physical custody — the child lives with and is supervised by one parent, subject to visitation.
- Joint physical custody — each parent has significant periods of physical custody.
Joint legal custody is the norm
Most California courts grant joint legal custody unless there is a strong reason not to. Joint legal custody does not automatically mean joint physical custody. Without a prior order, judges apply the best interests of the child. If there is a prior order, judges won't change it without good reason.
Changes in custody are rare
A “good reason” to change custody looks like endangering a child's life through inadequate supervision, or hiding a child from the other parent. Skipping a meal for misbehavior generally is not.
No jury in family court
If parents cannot agree, a judge decides. There is no jury in family court.
Family Court Services
When there is a custody dispute, parents must meet with a counselor from Family Court Services — the court's mediation service. If they cannot agree, the evaluator makes a written recommendation to the court, though the judge is not required to follow it.
Visitation
Separating parents need a custody and visitation agreement. If they don't have one, they meet with a Family Court Services counselor. Many parents know the “80–20” schedule, where one parent has 80% of the time. The trend today moves away from set percentages toward quality visitation time.
Grandparent visitation is presumed not in the best interests of the children. A grandparent must prove otherwise in their case — usually by showing a substantial, long-standing relationship with the children.
When parents cannot agree
If parents can't agree on custody or visitation, they can meet with a Family Court Services counselor. In divorce cases with disputes, they must. Judges generally don't decide custody or visitation until after mediation.
Chapter 13 of California Family Law by LW Greenberg, Esq. covers child support and custody in full.