how income affects child support in California

How Is Child Support Calculated In California | Divorce661.Com

How Is Child Support Calculated In California?

In California there are two factors that affect child support.  That is timeshare and income.

We discussed the timeshare factor in this article => Do You Pay Child Support If 50/50 Custody<=

A higher amount of income generally can lead to an increase in child support if your income is higher than your spouses.

But, if you are the lower income earner it has the effect lowering the amount of child support you would receive.

So it really just depends on if you are the paying spouse or the receiving spouse of child support.

You can watch the below video on how this works.

In the video above we show how the child support calculator / dissomaster program works when changing incomes and timeshare percentages.
Keep in mind that the calculation of child support represents what California deems to be the “guideline” amount.
If you have an amicable divorce in California, you can agree to more, less or no child support.
And YES, you can have no child support if both parties agree to it.
We do that all the time for our amicable clients.
How Child Support Is Calculated In Amicable Divorce Cases
Keep in mind that we are talking about amicable divorce cases when we are discussing how child support is calculated.
And we are using a child support calculator for the determination of child support only.
If you are going to court for the judge to order child support, many other factors can be involved in the courts determination of an amount of child support.
They can look at other factors like, daycare, out of pocket medical expenses, and a host of other financial issues in determining what amount of child support would be in the best interest of the minor child or children.
Let Us Help

If you have an amicable divorce case in California we can assist you with your divorce.

We serve all courts in California and work with both spouses to finalize your divorce based upon what YOU and your SPOUSE want, not what the court wants to impose on you.


Can Parents Agree To Waive California Child Support

Can Parents Agree To Waive California Child Support?

Can parents agree to waive California child support?  That is the questions we are going to answer in this article.

I wanted to title this article, “How Parties Can Agree To Waive Child Support” or “How To Avoid Paying Child Support in California”, but didn’t want to send the wrong message.

I am going to show you how we effectively obtain ZERO child support orders for our amicable divorce clients in California.

I will be quoting some writings from attorneys as examples and perhaps a family code section here or there, but I want to make clear that this is not legal advice and I am not interpreting the law.

What I am going to do is explain to you how for the last 10 years we have gotten our amicable divorce clients a child support order as  that shows NO child support on their divorce judgment in California.

You Can’t Waive Child Support In California

I want to start off by saying that it is clear you can’t waive child support.  This can be learned by the many attorney written blog posts and the family code sections they cite such as California Family Code 4001.

Again, I only bring up the code section so we can see what it talks about in regards to child support.

Lets break it down.

Section 4001 says;

In any proceeding where there is at issue the support of a minor child or a child for whom support is authorized under Section 3901 or 3910, the court may order either or both parents to pay an amount necessary for the support of the child

In Any Proceeding For Child Support

So the first word that stands out to me is the word, “proceeding“.

Yes, even an amicable divorce is a proceeding.  But I think what they are discussing here is a court proceeding.

As in one party requested a hearing on the issue of child support asking the court to make an order.

When you have an amicable case you don’t go to court.

So technically there is no official request for child support nor a proceeding on the issue of child support.

Any Issue Of Support For Minor Child

The second word that stand out is “Issue

There are common definitions and then there are legal definitions where a word can mean different things.  In the legal sense, Cornell Law School defines “Issue” as, “In general, any point in dispute between different parties”

So let me ask you this – If you and your spouse agree that there will be no child support, then it would not appear to be an issue as there is no dispute regarding child support, right?

So now we’ve discussed that in an amicable divorce case there is no proceeding and there is no issue regarding child support.

So far I think we are in the clear.

Defining the word “waive” child support

It seems everyone is focused on this word, “WAIVE

We know you can’t WAIVE child support, so how are we getting our clients child support orders that say ZERO when the child support calculator says there should be child support?

Below is a quote from a blog post from the Law Firm of Furman & Zavatsky (just to give credit where credit is due)

The fact is, however, that in the State of California neither parent can waive his or her responsibility to pay child support because child support is considered to be the child’s right and to be in his or her best interest. Put simply, foregoing child support does not serve children’s best interests

Okay, again it has been made clear that you can’t waive child support.

So the only thing that makes sense if we are having our clients have child support orders that show ZERO, that they are not effectively waiving child support.

So what is going on here.

And again, I am not talking about the law or offering an opinion. My goal is to explain this in a procedural fashion as opposed to a legal one.

See, my amicable clients don’t care about the how or why – they just don’t want an official child support order as part of their divorce settlement agreements in many cases.

Waive His Or Her Responsibility To Pay Child Support

Did you catch that nuance? It just didn’t say waive child support. It said waive his or her RESPONSIBILITY to pay child support.

Our clients are not saying they don’t want to be responsible for child support.  They are not saying they are not going to pay child support. They are not saying they are not going to contribute to their minor child or children.

All they are saying is they don’t want an official court order for child support as part of their overall California divorce judgment.

How Then Do We Get Our Clients Judgments With No Child Support?

Okay, let’s recap quickly.

When you are amicable and agree to no child support;

  • There is no proceeding or hearing on child support
  • There is no issue
  • You are not waiving child support
  • You are not waiving your responsibility to contribute

I think what you are doing is saying you are adults and are responsible and don’t need an official child support order in order for you both to take care of your children financially despite going through a divorce.

The Needs Of The Children Will Be Adequately Meet

When we complete the California divorce judgment and attach a child support order, this is the language that is used in the non-guideline child support findings attachment.

So there you have it.

While you can’t waive child support, you and your spouse can agree to a non-guideline amount of child support, including zero child support, if the needs of the children will be adequately met.

What does this mean?

That you and your spouse will continue to be financially responsible for them, despite an official court order for child support.

Let us help you

Do you have an amicable divorce case in California?  Let us assist you with handling your divorce case anywhere and for any court in California.

do you pay child support with 50/50 custody

Do You Pay Child Support With 50/50 Custody In California | Divorce661.Com

Do You Pay Child Support With 50/50 Custody In California

There are several factors that determine whether you will pay child support with 50/50 custody.

The two main elements are timeshare and custody.

So here is how this works.

If your incomes are the same and you have 50/50 custody, the child support calculated will be very close to zero.

It is not exactly zero on the child support calculator (dissomaster) because one spouse is assigned the tax deduction.

See video below for explanation.

The other factor is income.  Even if you have 50/50 joint custody, if one spouse has more or less income, this is going to effect the amount of child support.

What If We Agree To No Child Support with 50/50 timeshare?

Many of our clients do not want child support as part of their California divorce case.

But we have to provide the court the child support dissomaster calculation to show the court what child support should be.

So how do the client get away with not having to have a child support order in their divorce?

By agreeing to it.

If you know what you are doing it really is quite simple.  This is despite the fact that child support is mandatory in California.

I guess you could call it a loophole for lack of a better word.

How We Get Our Clients A No Child Support Order

We provide the court the calculation and show what child support shows. Then we tell the court the parties agree to a lesser amount which is usually zero.

We provide additional language to the court that explains how the child support agreed upon is in the best interest of the minor child.

We also attach an additional document to the FL-342 Child Support order called the Non-Guideline child support attachment.

We’ve done this for more than 10 years and never had an issue having our child support orders changed from the calculated amount on the dissomaster to either a higher, lower or no child support.

Let Divorce661 Assist You With Your Amicable Divorce In California

If you have an amicable divorce anywhere in California, we can assist you with your amicable divorce.

Don’t get caught up in the divorce courts telling you what you have to do.

Our clients get exactly what they want, because they are in full agreement.

You just have to know how to package up the divorce judgment properly.


child support calculator Los Angeles

Child Support Calculator Los Angeles | Divorce661.Com

Child Support Calculator Los Angeles

In this article we discuss how the child support calculator works.  This is also referred to as a “Dissomaster”

Why “Dissomaster”?

All I can tell you is that the word “Disso” is short for dissolution and everyone in the legal industry refers to any child support or spousal support calculation as a “Dissomaster”

When Is A Child Support Calculator Needed

A dissomaster or child support calculator is needed in many cases.

First, whenever you are submitting a divorce judgment to court you have to attach a child support calculation.

The court needs to see the income of the parties and the timeshare and the resulting amount of child support that should be ordered under what is called “Guideline”.  Guideline is just is just referring to the calculation result itself.

Second, a child support calculator or Dissomaster is needed when you want to see what child support might be if you were to go to court.

We provide a child support calculation to our clients so they can see what the court may order for child support.

Then they can decide on their own how much child support they want to agree to.  The court does not get involved in making a decision on the amount of child support if the parties agree.

Even if this amount is more or less than the guideline amount of child support that was calculated.

What If You Want No Child Support?

Many of our clients do not want child support as part of their divorce.

Our clients will say something like, “We have an easy divorce, neither of us want child support”

The interesting thing about that is that if they went to court to do their own divorce the court would enforce child support from one party to the other.

So how do we obtain no child support for our clients?

It’s asking for what’s called a non-guideline child support order.

Here Is How It Works

If you have an amicable divorce and you and your spouse agree to it, you can have zero child support as part of your judgment.

Even though child support is mandatory in California, you are allowed to stipulate or agree that despite the child support calculator showing a guideline amount of child support to be paid, that you want it to be zero or some other amount.

Do You Have An Amicable Divorce?

If you have an amicable divorce you and your spouse get to call all the shots and make all the decisions.

At  we will package up your agreements with whatever terms you want.  Again, so long as you both agree to them, we can write up pretty much anything.

You just have to know how to write it up properly.

We have a lot of clients that come to us after they tried to do their own divorce and found the court forcing them to make decisions they didn’t really want to do.

If you find yourself in this situation please give us a call.

We handle amicable divorce cases anywhere in California.