Will I have to pay child support if my ex makes twice as much as I do in California? 8 Answers as of January 27, 2011

If my 13 year old son spends 50/50 between both parents, and dad makes twice as much money as mom, does dad have to pay child support to mom?

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Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
Yes, child support is based on your timeshare and income. If the dad makes twice as much money, he will be required to pay child support.
Answer Applies to: California
Replied: 1/27/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Child support is calculated based upon an equation codified in the Family Code. The fact that you have 50% visitation will help you greatly. You asked your question in two different ways, which are not consistent. You wanted to know if you will have to pay child support if there is a 50/50 custody arrangement, and your ex-husband earns twice as much as you do. No, you will not. However, the second part of your question asks if the father would have to pay child support if the custody arrangement was 50/50 and he earned twice as much as the mother. Yes, he will probably have to pay some child support.
Answer Applies to: California
Replied: 1/24/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No. Under the circumstances that you relate, Dad will have to pay guideline child support to you in accordance with the California Uniform Child Support Guideline, which is based on your income, your husband's income, and your custodial timeshare.

Were your incomes and timeshares identical, the guideline support figure would be zero, but since your husband earns twice what you earn, he would have a child support obligation to you.
Answer Applies to: California
Replied: 1/24/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
To properly answer this question, one needs to run some child support calculations. You can run those calculations yourself by using the California Guideline Child Support Calculator, which you can find online here:

http://www.childsup.ca.gov/Payments/CalculateChildSupport/tabid/115/Default. aspx

If you have a hard time figuring it out, then call a lawyer and give him/her the exact income figures for both parties and the timeshare schedule. That lawyer can then properly answer your question.
Answer Applies to: California
Replied: 1/24/2011
Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
If both parents have equal time with the minor child, and one parent makes more money than the other, then yes, the court may order that the parent making more money pay child support to the other parent.
Answer Applies to: California
Replied: 1/24/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Yes. If the child spends his or her time equally in the care of both parents the parent that makes more money will almost always owe child support. This is a simple calculation and you should consult an attorney or at least an online calculator to determine the amount of support owed under the California Child Support Guidelines.
    Answer Applies to: California
    Replied: 1/24/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Child support is calculated using a math formula. Go on line and calculate the support.
    Answer Applies to: California
    Replied: 1/24/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Probably dad will be obligated to pay support. The child support calculation is based upon a number of factors. While percentage of time with each parent is factored in, if there is a significant disparity of income, then the higher wage earner will probably be obligated to pay support, even if there is an equal time share.
    Answer Applies to: California
    Replied: 1/24/2011
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