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Is child support based off of joint or physical custody?

El Cajon, CA |

We are agreeing to joint custody and primary physical custody to my ex and are trying to figure out which is the bases of child support.

Attorney Answers 5

Posted

Normally child support is based on the Income & Expenses Declarations of the parties as well as the percentage of custodial time.

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Posted

It is based on the actual time-sharing arrangement, regardless of what it's called.

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1 lawyer agrees

Posted

It is based upon the relative income and expenses of the parties in addition to the percentage of time spent with the noncustodial parent.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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Posted

California has a statewide formula (called a "guideline") for figuring out how much child support should be paid. The parents can agree on amount without asking for the court's intervention. When the parents cannot agree the judge makes the calculation using the state's guidelines. The guideline calculation is based on several factors but primarily is based on the percentage of custody and each of the parent's income. The judge can consider other factors when calculating the support amount such as the expenses and/or mandatory deductions to the parties' income and viceversa the judge can also consider extra income such as investment income, rental income, gambling winnings, etc. If one of the parents (or both) have other kids to support it will be taking into consideration as well as if one of you is facing special hardships or if the child requires special needs care. As you can see there are variables so it's always better to consult with an attorney. If you cannot afford one you can ask for assistance from the child support services department in your county. If his answer is helpful and/or the best answer, please check the appropriate box below. It will be greatly appreciated

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Posted

Child support is calculated by the court using many factors, the primary of which are typically time share of the children and the parties' incomes.

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