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Child Support and Uncontested Divorce in California

Determining child support in uncontested divorces in California can be relatively straightforward.  The rules for deciding and calculating child support are the same for contested as well as uncontested divorces. The court simply uses certain predetermined calculations based on the income of the parents to determine the amount of support to be paid.

It is generally believed that the parents in an uncontested divorce will agree to issues related to their child. So it is advised that the parents should begin the process of discussing child support by exchanging details of all their income and expenditures. Honesty should be the best policy here. Each parent should declare at least one year’s income so that it becomes easier for the court to get a better idea about their averages.

Guidelines for calculating child support in uncontested divorce

The court follows certain guidelines when calculating child support. Following these guidelines opens up the possibility of modifying the amount being paid in support. The guidelines that are considered are as follows –

  • The number of children the separating couple have
  • The percentage of custodial time the parents have decide on
  • The tax filing status of each parent – whether it says ‘head of family’ or ‘ married filing separate’ and so on
  • The taxable and non-taxable income of each parent
  • The exemptions claimed by each parent
  • Deductions such as property tax and mortgage interest
  • Healthcare expenditures
  • The health insurance premium being paid by the parent paying child support
  • Any uninsured expenditures

If child support was calculated following all of the above guidelines, then the child support is modifiable. Otherwise it is not.

The child support payments continue till the child receiving the support attains 18 years of age. But the child has to complete high school. If the child has attained 18 years of age but is still a full time student at high school level, child support has to be paid till your child completes high school or turns 19 years old.

Child support may seem easy to figure out in an uncontested divorce but it can get complicated when it comes to declaring your expenditures and income.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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