Law Office of Stephen W. Penn and Associates

What factors are considered when setting child support?

Whether you are currently going through the divorce process, or you are simply considering filing for divorce, there are a myriad of issues to tackle. Child support is one of the issues that must be looked at when terminating a marriage. It is important that children have ample financial and emotional support from both parents, even after the marriage has ended. California follows an income shares model of child support, which believes that children should receive the same amount of financial support that they would have been entitled to if their parents had stayed together. In the model, the income of both parents is determined and the child support amount due is based on the results of the table.

On top of the base child support, however, other expenses may be added. The judge presiding over the case may also look at certain factors, such as medical expenses, educational costs and any expenses used for recreational activities. The non-custodial parent may be required to pay half of any of the following:

  •          Cost of child care
  •          Medical expenses, such as deductibles, insurance premiums and copays
  •          Educational costs

The judge may have parents share the cost of travel when meeting to exchange the children for visitation periods, as well as any other expenses involving the children may arise. It is important to remember that all decisions are based on the best interests of the child, and they may vary from case to case depending on the circumstances.

This information is intended to educate and should not be taken as legal advice.

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  • SCBA | Santa Clara County Bar Association | EST 1917
  • State Bar Of California | California Board Of Legal Specialization | Stephen W. Penn
  • Henry P. Collada Memorial Award 2012