Asked in Family Law for California

Q: Does child support take priority on first born?

My husband is going through a child support case from previous relationship and they are coming out with almost $700 in child support. We are hardly making it. How is this fair for my child?

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1 Lawyer Answer
Crista Marie Haynes
Crista Marie Haynes
  • Redlands, CA
  • Licensed in California

A: Child support is calculated using a guideline calculator. The calculator takes into account the parties timeshare of the minor child/children, each parties gross monthly income, any and all healthcare insurance paid out by both parties, mandatory retirement payments, union dues among other less common factors and gives the "guideline" amount. This amount should reflect the parties other children if they are considered hardships. Children are considered hardship in the calculation if the other parent is not working and thus unable to provide support for the minor child or if the other parent has full custody or majority custody of the other child and does not receive child support to assist with their expenses. Additionally child support takes into consideration the expenses paid for out of pocket medical expenses not covered by insurance and child care costs incident to employment. These expenses for out of pocket medical expenses and child care costs are split 50/50 between the parties. If you think that your husbands child support is too high or does not take into account the information above please feel free to contact me at my office.

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