Do you have to pay child support in San Diego if parenting time is equally divided? There are many factors which go into the determination of child support in a San Diego divorce, as well as post-decree modifications to existing orders of support. The amount of parenting time is one of those factors, but not the deciding factor.
It is the obligation of any parent in California to provide for their children. This generally extends to food, clothing and shelter as well as education and healthcare. Child support is based upon the need of a child for support and the ability to pay that support.
Any divorce case which involves a child will require the parties to submit the results of the California guideline child support calculator to the Court. The child support guideline calculator takes many factors into consideration including the age and income of each party, the mandatory payroll deductions each parent is required to make, the tax burden(s) of each individual as well as a forecast of the costs associated with providing for the needs of each child.
Generally speaking, neither party may have to pay child support in San Diego if parenting time is equally divided between two co-parents who have roughly the same amount of income. However, this is not based solely upon the division of parenting time between the parties. The needs of a child and what is in their best interest is what will concern the Court.
For example, it may not be financially possible to equip two residences for the special needs of a child. Each case is unique. The question of whether you will be required to pay child support in San Diego if parenting time is equally divided will come down the unique circumstances surrounding each child in your case. Each party must complete the initial California guideline calculation and submit it to the Court. From that point the parties are free to negotiate child support or reach agreement in mediation. However, it is important to remember that the Judge is not required by law to accept any agreement reached between the parties, and the Court will have the final say in the matter.
Protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.