5 Misconceptions About Child Support

If you are getting a divorce and have children, it is more likely than not that either you or your former spouse will be required to pay child support. Generally, child support is money paid by one parent (the non-custodial parent) to the other parent (the custodial parent) to fulfill their legal duty to care for the child. However, child support calculations can be complex and are but one element of the larger divorce process, so several myths and misconceptions have arisen about child support over the years. Here, our Stockton child support lawyers put those misconceptions to rest. 

1. Only Mothers Get Child Support 

One of the most widely believed misconceptions about child support is that only mothers receive it, which is based on the wider misconception that mothers almost always obtain physical custody of their children. Neither is true. California family law courts do not take the parents’ sex into consideration when making child custody or child support orders, so mothers are not necessarily at any advantage over fathers. 

2. You Can Handle Child Support in a Prenuptial Agreement 

Prenuptial agreements are a useful tool for establishing how certain matters will be handled upon divorce, but child support is not one of them. When making child custody and child support determinations, courts are guided by the best interests of the child, so provisions in a prenuptial agreement related to child support are unenforceable. 

3. Child Support Is Set in Stone 

California family law courts use a complex formula to determine how much child support a parent will be obligated to pay. The formula takes into consideration each parent’s gross income, the percent of time each parent will spend with the child, the needs of the child, and certain deductions. The figure arrived at using that calculation is presumed to be the correct amount unless either parent can show that it would be unjust or inappropriate. However, either parent may petition the court to modify the child support order if there has been a significant change in circumstances, such as a reduction in income for the payor parent or an increase in need by the payee parent. 

4. Child Support Ends When the Child Turns 18 

The general rule is that the child support obligation does indeed when the child turns 18, but there are, of course, exceptions. A major one arises when the child turns 18 and is still in high school and is not self-supporting. In that case, child support continues until the child graduates or turns 19, whichever occurs first. 

5. You Can Reduce Your Child Support Obligation by Making Less Money 

Courts do not look kindly on parents who attempt to circumvent their child support obligations through underemployment. In such cases, instead of relying on the parent’s actual income, the court will calculate the parent’s earning capacity and impute that amount of income to them for child support calculation purposes. 

Work Out Your Child Support Issue With Help From a Stockton Child Support Lawyer 

Whether you’re considering a divorce, in the middle of a divorce, or seeking a post-divorce child support modification, an experienced attorney can guide you on the best way forward. For more information, please contact a Stockton child support lawyer at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.