After our divorce, will my former spouse be required to pay child support in California? 9 Answers as of March 17, 2011

My husband is self-employed, and makes more money than I do. I work full time too. Will he be required to give me support financially, even if our kids’ time is split evenly between us?

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Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
Child Support is dictated by a state guideline. So, if your ex spouse makes more money than you do he will likely be required to pay child support under the guideline even if you spend equal time with the child.
Answer Applies to: California
Replied: 3/17/2011
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
Possibly. It depends on how the income figures crunch. If you have any further questions, please let me know.
Answer Applies to: California
Replied: 3/3/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
Child support in California is determined by a formula created by the Legislature. When one parent is self employed, the issue is usually that the self employed parent may not report all income. That is a matter for a forensic Accountant to discover. Just because the time share is equal, does NOT mean that child support is not owed. In fact it is possible that a parent with a 80% time share can in some instances still have to pay child support. The big factor is the income of the parents.
Answer Applies to: California
Replied: 2/27/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
Yes. The support will be dictated by the state guidelines. Even if you share time with the kids equally, the parent that makes more money pays some child support under this formula.
Answer Applies to: California
Replied: 2/27/2011
Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
Since he has a higher income, and if you request child support, yes he will be required to pay you child support.
Answer Applies to: California
Replied: 2/27/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Child Support is based on your income, your husband's income, and the parties' respective custodial timeshare. If you can adequately demonstrate what he earns, you should qualify for Child Support. However, it is far more difficult to prove what self-employed people earn than it is to prove what W-2 employed people earn, because self-employed people can conceal income in employment perquisites and other accounting creativity. You would be best served by consulting and retaining an experienced Divorce Lawyer to represent you.
    Answer Applies to: California
    Replied: 2/24/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Child support amount is primarily determined from the following factors: custodial timeshare of each parent, and each parent's respective gross income and certain expenses. You can run some sample child support calculations by using the California Child Support Calculator, which you can find online here: http://www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default .aspx Or, call a local family law lawyer who can run some calculations for you. Good luck.
    Answer Applies to: California
    Replied: 2/24/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    He might be required to pay support. Relative earnings of the parties and timeshare percentage are the two main components to calculating child support. The awarding of child support, however, does not need to wait until a divorce is final. I can help you with your case. Please contact me for a free consultation.
    Answer Applies to: California
    Replied: 2/24/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    It really depends on how much money he makes. In California, even if you have an equal time share of custody one spouse can owe child support to the other if there is a difference in income.

    The issue becomes how big is the difference.
    Answer Applies to: California
    Replied: 2/24/2011
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